In re Samuel R.
Samuel received a citation, which he contested, for misdemeanor vandalism in violation of Penal Code section 594, subdivisions (a) and (b)(2)(A).[1] The prosecution's witness, Crawford, did not appear at the June 30, 2008 trial of that misdemeanor charge. However, San Diego County Deputy Sheriff Anthony Abutin, one of the officers to whom Samuel admitted responsibility for the egg throwing, did appear at that proceeding. Although the certified court reporter's transcript of the proceeding shows Deputy Abutin was not sworn in as a witness, the juvenile court's minute order indicates he was sworn in.[2] The court[3] asked him whether he observed Samuel "doing any graffiti." When Deputy Abutin answered, "No," Judge Kapiloff dismissed the case.
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