In Re Bryon S.

Statement of Case and Facts

Two City of Fresno police officers testified to being on duty as members of a surveillance “tactical team” on November 27, 1984, when they each observed two young men, later identified as Bryon and one Terry B., alight from an El Camino pickup near the home of Frances Murrietta. The pickup was being driven by a third person, later identified as Bryon’s brother, Kevin. One of the officers, Roger Enmark, observed the young men as they entered the Murrietta garage, exit the garage with a lawnmower, place the lawnmower in the back of the El Camino, and jump in the rear of the vehicle. The vehicle traveled approximately 100 feet before the officers stopped the vehicle and arrested those inside.

Sixteen-year-old Bryon testified he took the lawnmower from the garage only because Officer Enmark offered his brother money for them to do so.

On December 10, 1984, a petition was filed with the Fresno County Superior Court, Juvenile Division, alleging Bryon S. was a minor described in section 602 of the Welfare and Institutions Code by virtue of his com mission of burglary in violation of Penal Code section 459 and grand theft in violation of Penal Code…