CA2/2

FACTS

The prosecution presented evidence of the following: On the morning of April 25, 2013, Deputy Larry Flores of the Los Angeles County Sheriff’s Department was on patrol in the City of Bellflower near 5-Star Custom Wheels and Accessories, which was adjacent to a used car dealership. The minor squatted down and wrote something on the side of a white pole situated on a patch of grass next to the sidewalk and between the two businesses. Deputy Flores detained the minor and found a red marker in the front pocket of his sweatshirt. In addition, Deputy Flores observed the word “Negro” written in red on the pole. After the minor was admonished pursuant to In re Gladys R. (1970) 1 Cal.3d 855, 862, he said he knew it was wrong to commit vandalism. At the time of the detention, the minor was 13 years old. When the prosecution rested, the minor moved to dismiss based on insufficient evidence. Inter alia, he argued that the prosecution failed to prove that he was not the owner of the white pole. The juvenile court disagreed, relying on In re Rudy L. (1994) 29 Cal.App.4th 1007 (Rudy L.) and language in section 594, subdivision (a) giving rise to a permissive inference that a person who…