In re E.B. CA1/5

Good Law
Court of Appeal of CaliforniaSeptember 15, 2016A147353California567 words

Opinion

Opinion

Simons, J.

BACKGROUND

On November 6, 2015, an amended Welfare and Institutions Code section 602, subdivision (a)1 petition was filed charging appellant, then 16 years old, with one misdemeanor count of vandalism (Pen. Code, § 594, subd. (a)) and one misdemeanor count of trespassing (id., § 602, subd. (m)). According to the probation report, the vandalism charge was based on an August 2015 incident involving damage to an elementary school. Appellant matched the description provided by witnesses and, in a police interview on the day of the incident, admitted being at the elementary school earlier that day, said he was angry and started to throw things after his girlfriend broke up with him, and admitted the damage “was probably” caused by him. The trespassing charge was based on a September 2015 incident in which appellant and others admitted to meeting without permission on high school property to smoke marijuana. On November 30, 2015, appellant admitted the vandalism charge and the juvenile court dismissed the trespassing charge. The probation report stated appellant was previously placed on probation twice, for second degree burglary and challenging a fight on school grounds. The report…

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