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Name: In re Anthony J.
Case #: D040331
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/07/2004
Subsequent History: Rehrg. den. 4/27/04

The finding that the minor received or possessed a stolen car was not supported by substantial evidence. A petition alleged that the minor stole a vehicle and received a stolen vehicle. After the close of the People’s case, the minor moved to dismiss the second count, but that motion was denied, and the minor subsequently testified on his own behalf. At the close of evidence the court dismissed the car theft allegation, but sustained the receiving count. The minor’s counsel did not file an appeal from the judgment sustaining the petition, but did appeal from a subsequent restitution order. The minor filed a brief challenging the restitution order, and simultaneously filed a petition for writ of habeas corpus alleging ineffective assistance of counsel based on counsel’s failure to file an appeal from the judgment. The court granted the petition, holding that at the close of the People’s case there was insufficient evidence to sustain the petition as to count two, and that the minor did not waive his right to challenge that denial by testifying on his own behalf. Finally, the court found that insufficient evidence supported the judgment even considering the minor’s testimony.