In re E.P.Annotate this Case
The juvenile court found minor E.P. committed second degree burglary, possessed graffiti tools, received stolen property, and illegally possessed alcohol. E.P. contended the Court of Appeal should have reversed the burglary finding (count 1) because the evidence was insufficient to show he committed burglary rather than the new crime defined by Proposition 47 as shoplifting. He further argued the Court had to reverse the findings he received stolen property (counts 4-6) because he cannot be charged or convicted of both shoplifting and receiving the same property. After review, the Court of Appeal concluded the evidence was insufficient to show that E.P. committed burglary and, therefore, reverse the true finding on the burglary count. Because E.P. was not charged with shoplifting, there was no bar to charging him with receiving stolen property (counts 4-6) and the court’s true findings on those counts. Accordingly, the Court reversed the finding E.P. committed burglary, but affirmed the findings he received stolen property and illegally possessed an alcoholic beverage.