In re Anthony J

In In re Anthony J. (2004) 117 Cal.App.4th 718, the defendant was at a fast-food restaurant when a friend of his told him to "come on" and they got into a nearby vehicle. The defendant had seen the driver once before at his cousin's house, but did not know him well and he did not know the vehicle was stolen. The group drove for 20 to 30 minutes, listening to the radio. When the vehicle stopped, everyone in the vehicle got out to go into a store. As they were walking to the store, the defendant dropped something and bent down to pick it up. At that point, the others with him began to run. He did not know why they were running, but ran after them. When he caught up with them, he heard them say the vehicle was stolen. The group was then detained by officers. The vehicle had been stolen three days before. (Id. at pp. 722-724.) The court concluded the evidence did not show the minor had either actual or constructive possession of the vehicle, stating: "The facts as they existed at the close of the People's case did not comport with those in People v. Land (1994), and the People's case at most demonstrated mere presence by the minor in the stolen vehicle. The only evidence presented at that time was that four young men got out of a car, they ran as a patrol car drove nearby, a set of keys was found near them when they were detained, and the driver of the vehicle was identified by a witness, but the minor was not. There were no facts showing that the minor and the driver were friends, that they engaged in criminal activity together in the past, that he was a passenger shortly after the vehicle was stolen, or that the minor and the driver jointly used the vehicle to commit crimes. Thus, the People's evidence did not demonstrate beyond a reasonable doubt that the minor had possession of the vehicle, either actual or constructive." (Id. at p. 729.)