People v. D.N. (In re D.N.)

*268 *900 INTRODUCTION

A petition pursuant to Welfare and Institutions Code section 602 was filed on October 28, 2016, alleging D.N. committed two felonies: residential burglary ( Pen. Code, § 460, subd. (a) ; count 1) and theft of a vehicle ( Veh. Code, § 10851, subd. (a) ; count 2). At the conclusion of a contested jurisdiction hearing that began on November 22, 2016, and concluded on November 29, 2016, the juvenile court found both allegations to be true. The People, however, presented no proof of the value of the stolen vehicle. At the disposition hearing on December 13, 2016, the juvenile court exercised its discretion and found the vehicle theft to be a felony. The court committed D.N. to the Pathways Academy and set her terms of probation.

The California Supreme Court recently issued its opinion in People v . Page (2017) 3 Cal.5th 1175 , 225 Cal.Rptr.3d 786 , 406 P.3d 319 ( Page ), holding that to constitute a felony theft under Vehicle Code section 10851 there must be proof the stolen vehicle had a value exceeding $950. ( Page , at pp. 1180-1183, 225 Cal.Rptr.3d 786 , 406 P.3d 319 .) The high court resolved the issue of whether the value of the stolen vehicle must be…