California Court of Appeal

The juvenile court's order finding that defendant-minor committed vandalism and trespass is reversed and remanded, where: 1) the minor made only transient use of the property on which she was alleged to be trespassing, and such a stay does not constitute "occupying" the clubhouse bathroom for purposes of finding a trespass; 2) because substantial evidence does not support the true finding of trespass, then the minor could not have entered into a conspiracy to commit the alleged target crime here; 3) absent a conspiracy, the prosecution cannot prove that the minor is vicariously liable for her friend's vandalism as the natural and probable consequence of the target crime (trespass).

Appellate Information

• Decided 06/03/2014
• Published 06/03/2014

Judges

• HUFFMAN

Court

• California Court of Appeal

Counsel