In re Y. R.

Y.R. appeals an order of the juvenile court finding that she committed vandalism (Pen. Code, § 594, subds. (a) & (b)(1)) and trespass (§ 602, subd. (m)). Y.R. contends sufficient evidence does not support either finding. At trial, the prosecution proffered evidence to show Y.R. conspired with her boyfriend to commit a trespass, which would make her vicariously liable for the boyfriend’s acts of vandalism as a natural and probable consequence of the trespass. Y.R. insists the evidence does not establish that she entered and occupied real property. Thus, she asserts the court could not make a true finding that she committed trespass. Without a finding of trespass, Y.R. maintains the true finding that she violated section 594, subdivisions (a) and (b)(1) as well as section 602, subdivision (m) is not supported by sufficient evidence. We agree and reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2011, Lucas Waldeck lived in a condominium complex located at 900 North Citrus Avenue, Vista, California. He was the president of the condominium’s homeowners association. Thus, he was tasked with taking care of the association’s property, which included a clubhouse.…