In re J.B. CA1/1

Filed 1/23/14 In re J.B. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re J.B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A137871

Plaintiff and Respondent, (San Francisco City & County v. Super. Ct. No. JW 12-6436) J.B., Defendant and Appellant.

Appellant J.B. (minor) was found to have committed felony false imprisonment on evidence he and three other young men surrounded and tripped a man. The victim, who did not speak English, did not understand what the young men said in the course of the incident, and he was unable to identify any particular action by the minor, other than his participation in the initial surrounding. The minor contends there was not sufficient evidence to support a finding he committed felony false imprisonment because it was not shown that he personally used “violence,” as that term is defined in the law of false imprisonment. We agree and order an appropriate modification of the dispositional order. I. BACKGROUND In a petition filed pursuant to Welfare and Institutions Code section 602, subdivision (a) on December 5, 2012, the minor was alleged to have committed attempted second degree robbery (Pen. Code, § 212.5, subd. (c)), assault by means of

force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)), and false imprisonment by means of force and violence (Pen. Code, § 236). Following a contested jurisdictional hearing, the juvenile court found not true the allegations of attempted robbery and assault, but it found true the allegation of false imprisonment by means of force and violence. The minor was held to be a ward of the court and released to the custody of his mother. The victim, who did not speak English, testified through an interpreter. He said he was walking up the Broadway sidewalk stairs in San Francisco around 2:30 p.m. when he saw four young men running downhill toward him. All four appeared to be under 20 years old. Three were African-Americans, while one appeared to be of a different race. When the four met up with him, one or two of them addressed him loudly in English, which he could not understand. Although afraid the four intended to rob him, the victim attempted to ignore them and continue up the stairs. At that point, the young men surrounded him, two standing on each side, and pressed against him, attempting to block his progress. As the victim tried to move forward, one of the four young men stuck out a leg and tripped him. While the victim was on the ground, they “kind of like pressed against me and tried to get something from me,” while pulling on his arms as well. Before they were able to take anything, he stood up and ran away. As two of the four chased him, he fell down again. He then spotted the driver of a delivery truck and began yelling for help. When the two pursuers realized the victim had attracted attention, they turned back, and all four ran away. The victim was very frightened during the course of the incident and took only a “quick look” at the four. Because they “looked pretty much alike” to him, he could not say which of them performed any particular act. The minor and two others were later arrested on a city bus. Police officers testified about two separate incidents the same afternoon that appear to have involved the same four individuals. In both, the four ran toward persons in a threatening manner before turning away. In addition, the four stole a cell phone from a female victim that