In Re Rudy L.
People v. Rudy L.
Opinion
Opinion
Spencer, J.
Introduction
Appellant Rudy L. appeals from an order declaring him to be a ward of the court pursuant to Welfare and Institutions Code section 602 based on his commission of vandalism in violation of Penal Code section 594.
Statement of Facts
On the afternoon of April 29, 1993, appellant spray-painted the letter “A” on the wall of an empty building located at 5327 East Beverly Boulevard. Neither appellant nor his mother owned the building.
Contention
Appellant contends the petition erroneously was sustained, in that the elements of the crime he was found to have committed were not proven—lack of permission is an element of vandalism, and the People failed to prove he had no permission to paint on the building wall. For the reasons set forth below, we disagree.
Discussion
At the time appellant spray-painted the building wall and the adjudication hearing was held, Penal Code section 594, subdivision (a) (hereinafter section 594(a)), provided: “Every person who maliciously (1) defaces with paint or any other liquid, (2) damages or (3) destroys any real or personal property not his or her own, ... is guilty of vandalism.” Appellant’s counsel argued appellant should not…