In re Armando G. CA2/2

Filed 10/2/13 In re Armando G. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

In re ARMANDO G., a Person Coming B247605 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ39072)

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff and Respondent,

v.

ARMANDO G.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Philip K. Mautino, Judge. Affirmed. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Lawrence M. Daniels and Connie H. Kan, Deputy Attorneys General, for Plaintiff and Respondent.

Minor and appellant Armando G. (minor) appeals from a judgment of the juvenile court entered after the court found that minor had committed a robbery. He contends that evidence of identification, force, and fear was insufficient to support the judgment. We reject minor’s contention, find that substantial evidence supports the juvenile court’s findings, and affirm the judgment. BACKGROUND Minor had previously been made a ward of the juvenile court under three sustained petitions. On February 8, 2013, a petition was filed to bring minor within the jurisdiction of the juvenile court pursuant to Welfare and Institutions Code section 602. The current petition alleged one count of second degree robbery in violation of Penal Code section 211. At the adjudication and disposition hearing, the juvenile court heard testimony, found the allegation true, and sustained the petition. The court ordered minor to remain a ward of the court on the same terms and conditions of probation as previously imposed, removed him from the custody of his parents or guardian, and committed him to the custody and control of the probation officer for placement in a camp community program for nine months, with 28 days of predisposition custody credit. Minor filed a timely notice of appeal from the judgment. At the adjudication hearing, Daniel V. (Daniel) testified that on the afternoon of February 6, 2013, he was walking alone home from school holding his cell phone in his right hand, when someone came up behind him and asked to borrow the phone. Daniel identified the person in court as minor. When Daniel said “No,” and kept walking, minor grabbed the top of the phone with his left hand and pulled. Minor was on Daniel’s right side and slightly behind him when he initially reached for the phone. Daniel gripped the phone tighter, turned and backed away. Minor then used both hands to pull the cell phone with greater force. At one point minor placed his hand on top of Daniel’s in an attempt to pull the phone away. During the struggle, Daniel’s knee gave out and he fell backward while minor “tripped forward,” and gained possession of the phone. Minor then ran off with the phone. Daniel testified he was nervous and a “little scared” during the struggle, and suffered a small scratch on the finger of his left hand. The whole