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In Re DCL
Citations: 82 Cal. App. 3d 123; 147 Cal. Rptr. 54Docket: 43067
Court: California Court of Appeal; June 26, 1978; California; State Appellate Court
D.C.L. appeals a juvenile court order placing him under probation supervision after being found to have violated Welfare and Institutions Code section 602 for trespassing on private property, specifically under Penal Code section 602.5. The incident arose when a neighbor reported two unfamiliar juveniles near the property of Steven George. Upon police arrival, they discovered D.C.L. and another individual exiting a shed on the property, with D.C.L. carrying a kite model. Notably, a distinctive knife belonging to the property owner was found outside its storage box. During the proceedings, the court initially considered a burglary allegation but ultimately ruled out this finding, deciding instead on a trespass conviction. However, the court later expressed doubts about the appeal's validity. The defense argued the shed did not meet the definition of a "dwelling house" under Penal Code section 602.5, which protects against unauthorized entry into residential structures. The appellate court agreed with the defense, indicating that the legislative intent of Penal Code section 602.5 was to safeguard private residences and not noncommercial structures like the shed in question. Therefore, the court reversed the juvenile court's order, emphasizing the need for a clear distinction in the protection offered by the statute. The ruling was supported by Justices Caldecott and Cook.