In re Tobin R.
Filed 4/13/06 In re Tobin R. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| In re TOBIN R., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. TOBIN R., Defendant and Appellant. | E038592 (Super.Ct.No. RIJ103242) OPINION |
APPEAL from the Superior Court of Riverside County. Jean P. Leonard, Judge. Affirmed in part; reversed in part.
Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Gil Gonzalez, Supervising Deputy Attorney General, and Andrew Mestman, Deputy Attorney General, for Plaintiff and Respondent.
INTRODUCTION
Appellant Tobin R. (appellant) contends that there was insufficient evidence to support the trial court's findings that he committed a burglary and unlawfully took a motor vehicle. Respondent argues there is sufficient evidence to support the burglary finding, but not the vehicle theft. We will affirm the burglary and reverse the vehicle theft.
FACTS AND PROCEDURAL HISTORY
Current Offenses
About 11:30 a.m., on April 18, 2005, Moreno Valley police arrested appellant and two other minors when the stolen Toyota Camry in which they were riding crashed into a brick wall. According to the detective in the unmarked car chasing the Camry, appellant was seated in the right front passenger seat. He fled the scene, carrying a gray metal briefcase in his hand, but was arrested after officers set up a â€
