In re Gary F.

The juvenile court sustained a wardship petition charging Gary F., a minor, with conduct that would have constituted first degree residential burglary if committed by an adult. (Pen. Code, §§ 459, 460, subd. (a).) The court placed the minor on formal juvenile probation for six months, assessed $200 in attorney fees, and directed the minor and his parents to the Santa Clara County Department of Revenue to arrange for payment of the attorney fees.

On appeal, the minor contends the evidence was insufficient to sustain a finding of first degree residential burglary. The minor also contends the court lacked authority to assess attorney fees against him because he was under the age of 18 when he committed the offense.

We conclude the evidence was sufficient to support the juvenile court’s finding that the minor engaged in conduct that would constitute first degree residential burglary if committed by an adult, but we will modify the judgment to reflect that the minor is not liable for attorney fees. We will affirm the judgment as modified.

I. Factual and Procedural Background

On the afternoon of August 16, 2012, Bret Fountaine was watering the lawn outside his home in San…