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In re Y.R.

California Court of Appeals, Fourth District, First Division

June 3, 2014

In re Y.R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent,
v.
Y.R., Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County No. J223215, Browder A. Willis, III, Judge.

Page 1115

COUNSEL

Laurel M. Nelson, under appointment by the Court of Appeal, for Defendant and Appellant.

Page 1116

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HUFFMAN, Acting P. J.

Y.R. appeals an order of the juvenile court finding that she committed vandalism (Pen. Code, [1] § 594, subd. (a) & (b)(1)) and trespass (§ 602, subd. (m)). Y.R. contends sufficient evidence does not support either finding. At trial, the prosecution proffered evidence to show Y.R. conspired with her boyfriend to commit a trespass, which would make her vicariously liable for the boyfriend's acts of vandalism as a natural and probable consequence of the trespass. Y.R. insists the evidence does not establish that she entered and occupied real property. Thus, she asserts the court could not make a true finding that she committed trespass. Without a finding of trespass, Y.R. maintains the true finding that she violated section 594, subdivisions (a) & (b)(1) as well as section 602, subdivision (m) is not supported by sufficient evidence. We agree and reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2011, Lucas Waldeck lived in a condominium complex located at 900 North Citrus Avenue, Vista, California. He was the president of the condominium's homeowners' association. Thus, he was tasked with taking care of the association's property, which included a clubhouse. The clubhouse had a recreation room, a kitchen, and two bathrooms. The bathrooms were kept locked and only residents or individuals accompanied by residents had permission to be inside. One bathroom only has an exterior door that leads to that bathroom. Residents can access the other bathroom by using a door that leads to both that bathroom and the rest of the clubhouse.

On the afternoon of December 17, 2011, Waldeck entered the clubhouse to make sure the area was clean. Before he left, he locked the doors to both bathrooms. The doors were not damaged at that time.

The following day, both bathroom doors appeared to have been forced open. The doorjambs were splintered, and there were little pieces of wood on the floor.

Detective Robert Forbes of the San Diego County Sheriff's Department was assigned to investigate the incident of vandalism at the clubhouse. After

Page 1117

about a year, law enforcement identified Y.R. as a potential suspect from DNA found at the scene. Forbes ...


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