In re Oscar S. CA3

Filed 5/21/13 In re Oscar S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin)

In re OSCAR S., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, C070434

Plaintiff and Respondent, (Super. Ct. No. 68295)

v.

OSCAR S.,

Defendant and Appellant.

The juvenile court sustained a petition pursuant to Welfare and Institutions Code section 602 charging the minor, Oscar S., with possession of burglary tools (Pen. Code, § 466),1 vandalism (§ 594, subd. (a)), and prowling (§ 647, subd. (h)). He was adjudged a ward of the court and placed on probation. He appeals these findings and orders. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal.

1 Further undesignated statutory references are to the Penal Code.

1

(People v. Wende (1979) 25 Cal.3d 436; In re Kevin S. (2003) 113 Cal.App.4th 97.) We shall affirm. BACKGROUND Thomas Dickey lived across the street from the yard of Bob’s Towing. One night in August 2011 he was awakened by his dogs barking. He looked out his window and saw two males doing something at the Bob’s Towing fence. One male was a thinly built Hispanic and the other had a thicker build. Dickey could not see their faces or anything in their hands. He called 911. As he continued to watch, it appeared one person came through the fence. Dickey believed they were breaking into the tow yard. Deputy Justin Millmore was dispatched to the scene. The only person he saw in the area was the minor as he was walking from the area of Bob’s Towing. Deputy Millmore asked what the minor was doing and the minor answered he was showing a friend a car at the tow yard. Deputy Millmore asked the minor if he was inside the yard looking at the car and the minor answered “Well, kind of.” Deputy Millmore then detained the minor in the patrol car. Deputy Millmore inspected the entrance to the tow yard and found two holes in the surrounding fences. The holes were cut large enough for someone to duck into, approximately three to four feet. The holes appeared to have been caused by cutting the chain links in the fence. Deputy Millmore also inspected the area where he first saw the minor and found a Nikon binocular bag with a pair of bolt cutters and a tire iron. Deputy Millmore searched the SUV the minor had claimed to be returning to and found a pair of Nikon binoculars without a case. The owner of Bob’s Towing inspected the property. The fences to his business and the adjoining business had been cut, but nothing appeared to be missing. A petition was filed charging the minor with felony charges of attempted second degree burglary (§§ 664, 459) and conspiracy to commit burglary (§ 182, subd. (a)(1)), and misdemeanor charges of possession of burglary tools (§ 466), vandalism (§ 594,