In Re Albert R.

People v. Albert R.

Good Law
112 Cal. App. 3d 783·169 Cal. Rptr. 553·1980 Cal. App. LEXIS 2504
Court of Appeal of CaliforniaDecember 3, 1980Crim. 34622California6,737 words

Opinion

Lead Opinion

Acting, J.

In this case the juvenile court sustained a petition (Welf. & Inst. Code, § 602) charging Albert R., a minor, with receiving stolen property and grand theft. The court committed the minor to the California Youth Authority. He appeals from the order sustaining the petition and committing him to the Youth Authority.

I

A Summary of the Facts

In April of 1978, a brown 1967 two-door Volkswagen sedan was stolen from Eric Rosenberg. In August of 1978, California Highway Patrol Officer Ortiz received information that a silver Volkswagen, then ip the possession of James Hackett, had been sold to Hackett by Albert R., the minor before us, and was possibly a stolen vehicle on which the vehicle identification number (VIN) 2 had been switched with that of another vehicle.

Hackett purchased the Volkswagen from Albert on May 23, 1978, for $1,500; Albert told Hackett that he “had it [the car] four years.” After examining the vehicle, Officer Ortiz concluded that it was a disguised stolen automobile; that a “bellypan switch” had been effected *787 and the VIN plate in the luggage compartment had been removed. Officer Ortiz subsequently traced the VIN number on the bellypan and the…

Concurring Opinion

Lillie, J.

We concur under compulsion of Rhode Island v. Innis (1980) 446 U.S. 291 [ 64 L.Ed.2d 297 , 100 S.Ct. 1682 ].

Opinion

JEFFERSON (Bernard), Acting P.J. [*]

In this case the juvenile court sustained a petition (Welf. & Inst. Code, § 602) charging Albert R., a minor, with receiving stolen property and grand theft. The court committed the minor to the California Youth Authority. He appeals from the order sustaining the petition and committing him to the Youth Authority. [1]

In April of 1978, a brown 1967 two-door Volkswagen sedan was stolen from Eric Rosenberg. In August of 1978, California Highway Patrol Officer Ortiz received information that a silver Volkswagen, then in the possession of James Hackett, had been sold to Hackett by Albert R., the minor before us, and was possibly a stolen vehicle on which the vehicle identification number (VIN) [2] had been switched with that of another vehicle.

Hackett purchased the Volkswagen from Albert on May 23, 1978, for $1,500; Albert told Hackett that he "had it [the car] four years." After examining the vehicle, Officer Ortiz concluded that it was a disguised stolen automobile; that a "bellypan switch" had been effected and the VIN plate in the luggage compartment had been removed. Officer Ortiz subsequently traced the VIN number on the bellypan…

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