People v. LARRY A.

By a petition filed on August 4, 1982, Larry A., the minor appellant herein, was charged with burglary, petty theft and misdemeanor possession of marijuana. (Pen. Code, §§ 459, 484; Health & Saf. Code, § 11357, subd. (b).) On August 26, the petition was sustained with respect to the counts charging petty theft and possession of marijuana. The burglary count and a motion to suppress under Welfare and Institutions Code section 700.1 related to that count were dismissed without prejudice.

On August 27, a supplemental petition was filed recharging appellant with burglary, receipt of stolen property, and with being an accessory to a felony. (Pen. Code, §§ 459, 496, 32.) On September 21, after denying appellant’s motion to suppress evidence, the court found the burglary charge to be true and made no findings with respect to the remaining two charges. Appellant was continued a ward of the court and committed to the Youth Authority for a maximum period of 38 months with appropriate predisposition credits. Notice of appeal was timely filed on October 22, 1982.

Facts.

Ruben Vargas testified that at 8 a.m. on August 2, 1982, he locked and left his home at 1522 Munson Way in…