In re D.J. CA2/7

INTRODUCTION

The juvenile court sustained a petition pursuant to Welfare and Institutions Code section 602 alleging D.J. had committed residential burglary and grand theft of an automobile, ordered him to remain a ward of the court, and placed him home on probation. On appeal, D.J. contends the evidence is insufficient to support the burglary finding. He also contends, and the People concede, that the juvenile court erred by placing him at home on probation with a maximum term of confinement of seven years and four months. We affirm the order as modified by striking the confinement term of seven years and four months. We also correct a clerical error in the court’s minute order.

FACTUAL AND PROCEDURAL BACKGROUND

Guillermo Rodriguez tented and fumigated his house for termites on Friday evening, September 20, 2013. Rodriguez left about 20 minutes after the fumigation began, leaving behind his Toyota Tacoma pickup truck, locked and parked in his driveway. Rodriguez had one set of the truck’s keys in his possession and another set hanging on a hook in the kitchen. The truck was equipped with LoJack, an electronic vehicle tracking system.1 Rodriguez returned home between noon and…