In Re Terry S.

People v. Terry S.

Good Law
121 Cal. App. 3d 87·174 Cal. Rptr. 54·1981 Cal. App. LEXIS 1915
Court of Appeal of CaliforniaMay 21, 1981Civ. 19938California1,445 words

Opinion

Opinion

Paras, J.

Terry S., a minor, appeals from an order continuing him a juvenile court ward after it was found he had received stolen property. (Pen. Code, § 496.) He contends (1) the evidence is insufficient to sustain the petition, (2) error in the admission of hearsay evidence as an adoptive admission, (3) he is entitled to predisposition behavior credits, and (4) error in denying his request for a jury trial.

Evidence adduced at the jurisdictional hearing showed that two shotguns, a rifle, and a box of ammunition were taken on May 5, 1980, in a burglary of Mary Ellen Smith’s home at 6554-23d Street in Sacramento. The time of the taking was between 8:45 a.m. and 4:15 p.m. Smith testified that one of the shotguns was normally kept in a black and green vinyl case and the other in a tan case.

At about 2:15 p.m., Smith’s neighbor, Marian Miller, observed two boys (a driver and a passenger) ride up to the Smith house on a bicycle. She described them as male blacks about 13 to 15 years old, with slight to medium builds. She did not recognize them. When they reached the front of the Smith house, the passenger jumped from the bicycle, ran to the front of the Smith garage, and without…

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