In re Javier G. CA5

INTRODUCTION

On appeal following adjudication of a Welfare and Institutions Code1 section 602, subdivision (a) petition, Javier G. contends the juvenile court erred in denying his motion to dismiss counts 7 (petty theft) and 8 (vandalism) “because there was insubstantial evidence” in support of those counts. He also contends the evidence was legally insufficient to support the juvenile court’s finding that he committed the crimes of theft and vandalism. Lastly, Javier argues the juvenile court abused its discretion in committing him to a youth facility for 365 days because it relied upon “non-existent factors” in doing so. We will affirm.

PROCEDURAL BACKGROUND2

In a third amended juvenile petition filed August 30, 2012, the Tulare County District Attorney alleged Javier committed the following violations: battery (Pen. Code, § 242, count 1); public intoxication (id., § 647, subd. (f), counts 2, 4 & 6); resisting an officer (id., § 148, subd. (a)(1), count 3); possession of alcohol by a minor (Bus. & Prof. Code, § 25662, subd. (a), count 5); petty theft (Pen. Code, § 484, subd. (a), count 7); vandalism (id., § 594, subd. (a), counts 8 & 10); and trespass (id., § 602, subd. (m),…