In Re Lamont R.

People v. Lamont R.

Good Law
1988 Cal. App. LEXIS 339·200 Cal. App. 3d 244·245 Cal. Rptr. 870
Court of Appeal of CaliforniaApril 14, 1988A037522California1,645 words

Opinion

Opinion

Smith, J.

In 1985, Lamont R. was judged to be a ward of the court and was ordered to comply with the terms of a home probation contract (Welf. & Inst. Code, § 602). On July 15, 1986, petitions were filed charging Lamont with attempted vehicular burglary and requesting that the prior probation order be modified (Pen. Code, §§ 459, 664; Welf. & Inst. Code, § 777, subd. (a)). After denying a motion to dismiss for insufficient evidence, the court found the allegations to be true beyond a reasonable doubt. Appellant appeals from the finding and subsequent disposition order.

Background

David Worley testified that on the evening of July 11, 1986, he parked a Santa Fe trailer loaded with cases of wine on 98th Avenue in Oakland, and drove away in the cab. The rear trailer doors were locked with a master padlock and fastened with a metal shipment seal. The door handles pass over an eyebolt; a lock and shipment seal were fastened through the eyebolt. The shipment seal was secured through the eyebolt after the truck was fully loaded, and the doors could not be opened unless the seal was cut off or broken. The seal cannot be unfastened and later resealed.

At 11:56 p.m. on July 12, 1986,…

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