In re J.R.

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The Santa Clara County District Attorney filed a Welfare and Institutions Code section 602(a) petition, alleging that the minor committed felony first-degree burglary of an occupied residence, felony attempted theft or unauthorized use of a vehicle, and possession of burglar’s tools. The juvenile court continued the minor as a ward of the court and placed him on probation. On reconsideration after remand from the California Supreme Court, the court of appeal reversed. The court rejected an argument that there was insufficient evidence to sustain the allegation that the minor attempted to drive or take a vehicle without the owner’s consent (Veh. Code 10851(a)). The court remanded for a determination of whether that offense must be reduced to a misdemeanor pursuant to Proposition 47, the Safe Neighborhoods and Schools Act (Cal. Const., art. II, section 10(a)) The California Supreme Court had concluded that Proposition 47 did apply to Vehicle Code section 10851. View "In re J.R." on Justia Law