In re Quincy A. CA4/1

STATEMENT OF FACTS

On August 5, 2011, Marty Fisher awoke to find the Minor in her home without

permission. Fisher discovered several items moved and her cigarettes and lighter

missing. On October 29, 2011, the Minor entered a 7-Eleven store in the city of El

Cajon. He reached over the counter and took items from the store's cigarette area. On

Statutory references are to the Penal Code unless otherwise specified. 2 November 9, 2011, the Minor again entered the 7-Eleven store, reached over the counter

area, took an unknown quantity of cigarette packages and ran out of the store.

Surveillance video recorded both events at the 7-Eleven store and still photographs were

obtained from the videos.

Officers contacted the Minor at his school. After being read his Miranda rights,

the Minor acknowledged he knew the difference between right and wrong and gave

examples of each. The Minor agreed to answer questions he felt comfortable with and

then identified himself as the black male in the photographs obtained from the

surveillance videos.

DISCUSSION

1. Authenticity of the Video/Photograph Evidence

We first consider the Minor's contention that the 7-Eleven…