In re T.S. CA2/2

FACTS

After the People filed a section 602 petition against minor, the matter proceeded to an adjudication hearing. Daezhane C. (Daezhane) testified that a boy named Joshua D. (Joshua) gave her his skateboard. Joshua, however, claimed it was a loan, and that he never told Daezhane that the skateboard was hers to keep. In particular, he testified that he told her, “You can use it but I will need it back.” Per the testimony of Joshua and minor, minor was present when the skateboard exchanged hands. Minor testified that Joshua said to Daezhane, “I’m going to let you borrow this skateboard so you can have transportation to your house.” According to minor, Joshua never told Daezhane that she could keep the skateboard. As described by Daezhane, “[o]ne day [she and Joshua were] cool,” and the next day they were not “cool anymore.” Both Daezhane and Joshua testified that he asked for the skateboard back, and that she refused. Their testimony conflicted, however, as to

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 how many times Joshua made his request; while Daezhane said it was only “once,” Joshua said that he asked her “[a]round ten times.”…