In re T.B. CA2/3

Filed 5/20/13 In re T.B. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

In re T.B., a Person Coming Under the B244360 Juvenile Court Law. (Los Angeles County Super. Ct. No. MJ20495)

THE PEOPLE,

Plaintiff and Respondent,

v.

T.B.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Akemi Arakaki, Judge. Affirmed.

Jennifer Gerard, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, T.B., appeals from the order of wardship (Welf. & Inst. Code, § 602) entered as a result of his admission he committed the felony of attempted first degree burglary, person present (Pen. Code, §§ 664, 459). The juvenile court placed T.B. at home on probation. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts.1 At approximately 5:00 p.m. on March 27, 2011, Cheryl Freeman was at her home on Sorrell Avenue in Palmdale. She heard the doorbell ring and, when she looked through the “peep hole,” saw T.B. and a companion, Gary K., standing on her front porch. After seeing the two juveniles, Freeman turned off her television, closed all the blinds and sat down on the couch in her living room. Freeman then saw Gary K. “violently shaking the [locked] kitchen window . . . attempting to gain entry into her [home].” At the same time, Freeman saw T.B. “crouch down and [look] into her family room . . . sliding glass door.” Freeman “stared” at T.B. through the blinds on the door. When she made eye contact with him, both he and Gary K. ran from the house and jumped over the fence on the west side of Freeman‟s property. Freeman called the Palmdale Sheriff‟s Station, then got into her car and followed T.B. and Gary K. to the Kaiser Medical Center parking lot. Palmdale Deputy Sheriff Hudson responded to Freeman‟s call. Before the deputy arrived at the Kaiser parking lot, an “air unit” located T.B. and Gary K. Sheriff‟s Deputies Fletcher and Reddy then took the two juveniles into custody and Freeman identified them as the individuals who had attempted to enter her home. Deputy Hudson went to Freeman‟s residence where he determined that T.B. and Gary K. could only have entered her backyard by jumping over a locked side gate. The deputy did not, however, see any signs of attempted forced entry.