People v. Christopher S.

Appellant, a 16-year-old juvenile at the time of the commission of the alleged offense, has appealed (Welf. & Inst. Code, § 800) from an order assuming jurisdiction and declaring him to be a person described in section 602 of the Welfare and Institutions Code. It was charged and found that he violated the provisions of section 653g of the Penal Code in that he did wilfully and unlawfully loiter about a school or place—Pacific Grove High School—which is a place which children attend or normally congregate. He was placed on six months probation and required to do twelve hours in a community work program. He contends that there was insufficient evidence to sustain the petition under the provisions of section 653g of the Penal Code, because there was no substantial evidence that he intended to violate any law or engage in any illegal conduct, and, particularly, that there was no evidence to show that he committed any criminal trespass.

On examination of the record we conclude that the evidence was insufficient to sustain his conviction under the provisions of section 653g, that if he did commit a technical criminal trespass it was not within the scope of the provisions of…