In re Julian H. CA2/1

BACKGROUND

A. Prosecution Evidence On March 9, 2012, about 9:00 a.m., A.T. was in her computer class at Helen Bernstein High School when appellant sat down next to her and asked if he could hold her bag. A.T. gave appellant permission and handed him her purse. A.T.‟s iPod touch was in a pocket of her purse with a tasseled zipper which was closed. A.T. saw appellant manipulating the tassel and turned to him. Appellant told A.T. not to worry and he was not going to steal anything. Appellant had A.T.‟s bag for approximately five minutes. As computer class was ending, appellant handed A.T. back the bag and they left the class. As was her habit, A.T. checked her bag for her iPod as she was leaving class and realized that her iPod was missing. No one else had touched her bag between the time she gave it to appellant and the time he returned it to her.

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 A.T. called her home to ask her sister to check in case she had left the iPod at home but said she knew it was with her at school. Her sister told her it was not at home. When A.T. went home she checked her apartment and car and did not find the iPod.…