M.B. v. State

198 P.3d 1007 (2008)

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Nature of the Case

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Facts

Two men broke into a truck owned by a Salt Lake City couple, damaging the truck and taking its stereo and some CDs. The wife awoke to the sound of a dog barking and a car door shutting. She looked out her window and first observed an unfamiliar car parked on the street across from her driveway. She then saw one man crawling out the back of her truck's camper shell and a second man exiting the driver's side door carrying the stereo and CDs. When the two men returned to the unfamiliar car and opened a door, the dome light came on and she observed the silhouette of D 'just sitting' in the passenger seat. Police stopped the vehicle and arrested its occupants. D and the two men were wearing dark clothing. The officer found a screwdriver between the console and the front passenger seat, and some gloves in the console. In the trunk, he found two additional screwdrivers and three more pairs of gloves, along with a car stereo that still had some of the couple's truck's dashboard connected to it. P brought delinquency allegations against D in juvenile court. The court determined that D was guilty of vehicular burglary, theft, and unlawful possession of burglary tools. D appealed.