In re K.T. CA2/3

Filed 12/19/13 In re K.T. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re K.T., a Person Coming Under the B244335 Juvenile Court Law. _____________________________________ (Los Angeles County Super. Ct. No. NJ25663) THE PEOPLE,

Plaintiff and Respondent,

v.

K.T.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, John C. Lawson II, Judge. Affirmed. Mary Bernstein, 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, Assistant Attorney General, Steven D. Matthews and Stacy S. Schwartz, Deputy Attorneys General for Plaintiff and Respondent.

_________________________

K.T. appeals from the orders of the juvenile court declaring him a ward of the court (Welf. & Inst. Code, § 602) as he had committed second degree robbery (Pen. Code, § 211) and ordering him into the Camp Community Placement Program with a maximum term of confinement of 4 years 8 months. BACKGROUND At approximately noon on July 10, 2012, Yolanda T. was in Lakewood at the Lakewood Center Mall. She was on her way to work and walking to a set of exterior doors leading outside the mall. She had her cellular telephone in one hand. She had attached earphones to the telephone, and the earbuds of the earphones were inside her ears. Appellant approached her from the side in a crouched stance. He used both hands in an attempt to snatch the telephone from her grasp. She pulled the telephone into her chest with her hands, and the telephone slipped out of his hands. He then grabbed the cord of the earphones and jerked the earphones off the telephone and out of her ears. He quickly power walked or jogged off with the earphones to the exterior doors. Yolanda T. yelled, “Hey, you s-- of a b----.” Yolanda T. followed appellant as he walked out the exit doors, calling him names and demanding the return of her earphones. Yolanda T. was 5 feet 2 or 3 inches tall. She weighed about 115 pounds. Appellant was taller than she was. Appellant told her, “ ‘You want your earphones? Come and get them.’ ” She walked up to him. He told her if she wanted her earphones, she would have to give him her “snap bag,” referring the hat she was wearing. Alarmed he might grab her hat, she took it off and held it behind her and said, “No.” Appellant told her, “ ‘You want your stuff? Give me what’s in your pockets. Give me your phone. Give me what’s in your pocket.’ ” Yolanda T. had previously put her telephone into her pocket. She said, “ ‘No. Give me back my ear phones.’ ” At the same time as appellant demanded her property, he was “all over [her]” with his hands, touching her and trying to steal her telephone and snap bag. Yolanda T. pushed him away from her in order to get some distance from him to avoid the theft and punched him in the chest. Appellant punched her right back, but in the chin. That made her furious.