In re F.P. CA1/3

Filed 7/30/13 In re F.P. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re F.P., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A137346 F.P., (Alameda County Defendant and Appellant. Super. Ct. No. SJ10014046)

This is an appeal from a dispositional order after the juvenile court sustained findings that appellant F.P., born in August 1995 (hereinafter, minor), committed one felony count of first degree robbery and one felony count of receiving stolen property. Minor contends, and the People agree, that this order must be vacated because the juvenile court erred in finding that he committed, with respect to the same property, the separate offenses of robbery and of receiving stolen property. For reasons stated below, we likewise agree the juvenile court erred in sustaining both counts against minor, and thus reverse the dispositional order.

FACTUAL AND PROCEDURAL BACKGROUND The facts of this case are undisputed. On October 4, 2012, students B.N., J.T., and minor, among others, boarded an AC Transit bus after school. During the bus ride, J.T. – a known bully and gang member with a reputation for violence – approached minor and

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told him if he did not get B.N.’s gold necklace for J.T., “it would be bad.” Minor felt threatened by J.T., so he approached B.N., who was wearing the necklace, and grabbed and pulled it from behind. The necklace broke at the clasp, and B.N. tried to hold onto it from the front to keep minor from taking it. During the struggle for the necklace, minor hit B.N. twice, and B.N. eventually let go. J.T. and minor subsequently got off the bus, and minor handed the necklace to J.T. J.T. told minor that he had something for him, so minor accompanied J.T. on a second bus to a pawn shop called Cash for Gold, where J.T. sold the necklace for $235. J.T. gave minor $20, which he kept. Later, when the police came to minor’s residence, he made a statement about the entire event and gave the police the name of the pawnshop so they could recover the necklace. On October 10, 2012, the Alameda County District Attorney filed a wardship petition, pursuant to Welfare and Institutions Code section 602, subdivision (a), alleging that minor committed first degree robbery (Pen. Code, § 2111) and receiving stolen property (§ 496). At the conclusion of the jurisdictional hearing on November 14, 2012, the court sustained both counts and declared the aggregated maximum confinement time to be six years and four months. At the dispositional hearing on December 5, 2012, the court continued minor’s wardship,2 ordered that minor be detained at the Juvenile Justice Center, and imposed additional out-of-home terms and conditions of probation. Minor filed a timely notice of appeal on December 13, 2012.