IN RE: TAMMIE L. J. (1980)

The minor appeals from an order finding her to be a person coming under section 602 of the Welfare and Institutions Code and ordering her suitably placed. We reverse.

The minor was charged with burglary a violation of section 459 of the Penal Code. After a hearing, she was found not guilty of burglary but guilty of trespass as defined in subdivision (j) of section 602 of the Penal Code. This case is on all fours with In re Carlos S. (1979) 94 Cal.App.3d 377, 156 Cal.Rptr. 442 as modified in 95 Cal.App.3d 706b. In that case a minor was charged with assault under section 245 of the Penal Code; he was found guilty of a violation of section 148 of that code a nonincluded and uncharged offense. The minor had stood silent when the ruling was announced. The appellate court reversed. Here the offense of which the minor was found guilty subdivision (j) of section 602 of the Penal Code is not an included offense within the charge of burglary. (People v. Harris (1961) 191 Cal.App.2d 754, 12 Cal.Rptr. 916.) The same result will follow.

The order is reversed.

KINGSLEY, Associate Justice.

FILES, P. J., and SWEARINGER, J.,* concur.