People v. Danny H.

Opinion

CROSKEY, J.

Danny H., a minor, appeals from the order continuing wardship (Welf. & Inst. Code, § 602) entered following findings that he committed misdemeanor vandalism (Pen. Code, § 594, subd. (a); count one), and possession of an aerosol container with intent to deface while on a public place (Pen. Code, § 594.1, subd. (e)(1); count two). He was ordered placed home on probation.

Introduction

We conclude that whether a person was on a “public place” within the meaning of Penal Code section 594.1, subdivision (e)(1), is determined by examining the totality of the facts and circumstances…