In Re Nicholas Y.

Appellant Nicholas Y. appeals from orders of the juvenile court finding that he vandalized property belonging to the AMC theater, declaring him a ward of the court pursuant to Welfare and Institutions Code section 602, and placing him home on probation. He contends the evidence was insufficient to prove he violated Penal Code section 594 (vandalism). In the published part of this opinion we hold that writing on the glass window of a projection booth of a motion picture theater constituted defacing, and hence vandalism within the meaning of the statute. Appellant also contends the juvenile court abused its discretion in denying his request to place him on probation pursuant to Welfare and Institutions Code section 725 without declaring him a ward of the court. For reasons explained in the unpublished portion of this opinion, we find no error and affirm the juvenile court’s orders.

Factual Summary

The evidence, briefly stated in the light most favorable to the judgment, proved that in the early morning hours of February 11, 2000, appellant wrote on a glass window of a projection booth at an AMC theater with a Sharpie marker. After his arrest, appellant admitted to police…