In re A.C. CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following.

STATEMENT OF FACTS2

On June 10, 2011, John White was working as a security officer at the Castle Park Amusement Center in Sherman Oaks. About 8:20 p.m., he was monitoring the video game area when he saw appellant A.C. and a female companion sitting “inside one of the video game consoles.”3 From 10 to 15 feet away, White “saw what appeared to be a motion of [A.C.] vandalizing one of our video games.” White testified A.C. “had his right hand next to part of the video game console in a downward motion as in to [sic] carving the video game (indicating).” The juvenile court described White‟s gesture: “He appears to be holding a small object and making downward strokes.” White testified he did not see anything in A.C.‟s hand.

1 All further statutory references are to the Penal Code unless otherwise specified. 2 Because the issues on appeal pertain to the vandalism petition, this statement of facts is limited to the evidence presented regarding that offense. 3 White testified this was the type of video game that is covered in…