In Re Meagan R.

Meagan R. appeals a judgment entered on juvenile court true findings she had committed burglary (Pen. Code, § 459) and misdemeanor vandalism (§ 594, subds. (a), (b)(4)). She challenges the burglary finding predicated upon a finding she entered a residence with the intent to aid and abet her own statutory rape, a theory not charged in the Welfare and Institutions Code section 602 petition. As we shall explain, we conclude Meagan correctly asserts her liability for aiding and abetting her own statutory rape is precluded as a matter of law and thus she could not harbor the necessary culpable state of mind required to be guilty of burglary. Accordingly, we reverse that portion of the judgment. In all other respects, we affirm the judgment.

Factual and Procedural Background

Joani Rodriguez left her apartment on Montecita Road in Ramona at 11:30 a.m., after locking the door and securing the windows. Upon her return three days later, she found her home vandalized, the front window screen bent and the window open. Bleach had been poured over the carpets and furniture, food was strewn on the floor and her furniture had been slashed. Her cable television box, clock, perfume,…