People v. J.R. (In re J.R.)

*809 The Santa Clara County District Attorney alleged in a *862 Welfare and Institutions Code section 602, subdivision (a) petition that J.R., a minor, had committed burglary ( Pen. Code, §§ 459 - 460, subd. (a) ) 1 , attempted to unlawfully drive or take a vehicle without the owner's consent ( Veh. Code, § 10851, subd. (a) ), and possessed burglary tools (§ 466). After a contested jurisdictional hearing, the juvenile court found true the allegations that the minor had attempted to violate Vehicle Code section 10851, subdivision (a) and had violated section 466. At the dispositional hearing, the juvenile court continued the minor as a ward of the court and placed him on probation.

On appeal, the minor contends there was insufficient evidence to sustain the allegation that he attempted to drive or take a vehicle without the owner's consent ( Veh. Code, § 10851, subd. (a) ). Alternatively, he maintains that the offense must be reduced to a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act ( Cal. Const., art. II, § 10, subd. (a) ) (Proposition 47). The minor also argues that the juvenile court committed prejudicial evidentiary error in admitting certain…