In Re Christopher S.

Christopher S. appeals from an adjudication of the juvenile court, declaring him a ward of the court (Welf. & Inst. Code, § 602) and placing him in the custody of the California Youth Authority for a period not to exceed three years. The trial court’s order was based upon a finding that the appellant had received stolen property (Pen. Code, § 496). Appellant was given 48 days credit for the time he was detained prior to adjudication.

Appellant contends that the court sentenced him on an offense with which he was not charged and which could not be considered a lesser included offense of the offense charged. Alternatively, appellant contends that even if receipt of stolen property could be deemed a lesser included offense of the theft-related burglary charged, there was insufficient evidence to support the court’s finding.

Background

On December 24, 1984, Lee Burton Davidson (Davidson) was arrested and taken to county jail. When he returned home two weeks later, Davidson found several items missing from his house, including a portable floor safe, a Sharp 13-inch television set, two chain saws, a turntable, a cassette player, a clock radio, a telephone answering machine,…