In Re James D.
Opinion
Opinion
ELKINGTON, Acting P.J.
James D., a minor (hereafter James), was found by the juvenile court to have committed offenses which, if committed by an adult, would have constituted the crimes denounced by Penal Code section 496, subdivision 1 (receiving stolen property), and Penal Code section 12094 (possession of a shotgun with obliterated identification). His appeal, permitted by Welfare and Institutions Code section 800, is from a judgment of commitment to the California Youth Authority thereafter entered.
We have considered the record and the briefs and arguments of the parties. It is concluded, for reasons which follow, that the judgment of commitment must be modified and affirmed.
Evidence before the juvenile court established the following factual context.
James lived in an outbuilding on property owned by his grandparents. Law enforcement officers investigating reports of random shotgun shooting in the neighborhood came to his door stating, or asking, "we'd like to search the premises for a shotgun," or "if he still had that shotgun." James responded by retrieving and handing the officers a shotgun whose mark of identification had been obliterated.