In Re Michael B.

Nine-year-old Michael B. appeals the order of the juvenile court declaring him a ward of the court under Welfare and Institutions Code section 602. The court based its order on a finding that Michael committed a burglary in violation of Penal Code section 459.

Evidence

Richard Lewis testified that on 16 April 1974 he parked and locked his 1967 Mercedes Benz automobile in the parking area of his apartment building on North Maltman Avenue in Los Angeles. On his return to the automobile he found the outside rearview mirror broken off, the antenna bent, and the windwing pried open. Lewis gave no one permission to enter his automobile.

Police Officer John Murphy testified that on 16 April 1974 he was searching for a missing juvenile, Michael B., in the area of Bellvue Park, where Michael had been seen riding a purple, girl’s bicycle. Murphy saw Michael hiding behind a shed in the park and asked him for his name and the whereabouts of the bicycle he had been riding. The boy showed the officer the bicycle in the bushes. Murphy took Michael into custody and advised him of his constitutional rights to silence and to counsel. Michael said he had heard his rights before and…