People v. Anthony H.

Opinion

KRONINGER, J.

*

A petition was filed October 31, 1979, alleging that the minor appellant was a person described in Welfare and Institutions Code section 602, in that he had committed a robbery (Pen. Code, § 211) while using a deadly or dangerous weapon, a knife (Pen. Code, § 12022, subd. (b)). A supplemental petition alleged that he was already a ward of the court and advised him that his placement might be changed.

At a hearing before a referee the petitions were sustained by a finding of the lesser offense of attempted robbery with a knife. Wardship was redeclared and appellant was committed to the Youth Authority for a period not to exceed 42 months consisting of 30 months for the attempted robbery and 12 months enhancement for the weapon use.

An application for rehearing was denied by the superior court and this appeal followed.

On October 30, 1979, David Shuler, a visitor to San Francisco, was walking down Turk Street reading a map, in an effort to locate Market Street. Appellant, sitting on a railing with two other persons, loudly told Shuler to “come here.” Shuler turned away and hastened his walking, but appellant stepped in front of him, blocking his path, and told him to give appellant his wallet. Shuler was frightened because appellant had in his right hand a knife with a five-inch blade; Shuler did not want to attempt to do anything but give appellant his wallet and he reached in his back pocket to extract it. At that moment two motorcycle police officers arrived behind Shuler, whereupon appellant said “Forget about it. It’s cool.” and turned to leave. Shuler reported the incident to the officers and appellant was arrested after a brief chase.

[498]

Appellant testified, denying the offense, but admitted that he approached Shuler, who was reading a map, and asked, “What you looking at, punk?”

Appellant appears to argue that there was no evidence that he used the knife, that therefore there could be no force or fear and thus no attempted robbery. In that connection, he argues that “there was sufficient evidence to permit the finding of only an assault with a deadly weapon.” But, if there was an assault with a deadly weapon, as he concedes, that coupled with the demand for the wallet was sufficient for a robbery attempt. The evidence was clearly sufficient.