In Re Matthew A.

People v. Matthew A.

Caution
165 Cal. App. 4th 537·2008 Cal. App. LEXIS 1183·81 Cal. Rptr. 3d 119
Court of Appeal of CaliforniaJuly 29, 2008B200559California1,009 words

Opinion

Opinion

Flier, J.

SUMMARY

The juvenile court declared appellant Matthew A. a ward of the court after finding that he had committed a first degree burglary. The court placed appellant home on probation, and set a maximum term of confinement of six years.

Appellant contends the evidence was insufficient to support the juvenile court’s finding he had committed burglary. In particular, he argues the evidence did not show he intended to steal at the time he entered the victim’s residence. Appellant also contends the court erred by setting a maximum term of confinement.

We strike the maximum term of confinement and affirm.

FACTS

Appellant lived in the apartment next door to Lisa Campo’s apartment. Their apartments shared attic space. On December 15, 2006, Campo locked her door and went to work. When she arrived home that evening, she found “a mess” throughout her living room and kitchen. Bottles of wine were empty, and yogurt had been “spread out all over” the kitchen. A camcorder, jewelry, and children’s clothing were missing. The entrance to the attic was open, though it had been closed when Campo left that morning. Appellant’s mother returned the camcorder, a pair of tennis shoes, and a…

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