In re J.W. CA1/3

Filed 2/28/14 In re J.W. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 J.W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. J.W., A139453 Defendant and Appellant. (Alameda County Super. Ct. No. J170033)

J.W. (appellant), born in 1997, challenges the juvenile court’s jurisdictional and dispositional orders finding he committed first degree robbery (Pen. Code, § 212.5, subd. (a)1) and placing him on probation. Appellant’s counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and shall affirm the order. FACTUAL AND PROCEDURAL BACKGROUND On December 10, 2012, an original petition under Welfare and Institutions Code section 602 was filed in the San Francisco Superior Court alleging appellant committed

1 All further statutory references are to the Penal Code unless otherwise stated.

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first degree robbery (§ 212.5, subd. (a)). On June 3, 2013, following a contested jurisdictional hearing, the court found the allegation true. After the jurisdictional finding, the San Francisco County Superior Court transferred appellant’s case to the Alameda County Superior Court, where appellant had been previously adjudged a ward of the court and placed on probation for being habitually truant and for failing to comply with the mandates of the District Attorney’s Office Truancy Mediation Program. The Alameda County Superior Court ordered appellant be detained at the Juvenile Justice Center pending disposition and terminated his probation on the prior petition. The petition was based on an incident that occurred on December 6, 2012. A little before 8:00 p.m. that evening, Jeffrey Wong was riding a Daly City Bay Area Rapid Transit (BART) train home from work. He was tired from having volunteered at a high school at 8:00 a.m. that morning, before working from 11:00 a.m. to 7:30 p.m. as a manager at a café. He was listening to music on his iPhone using headphones, falling asleep on and off while on the train. He held the iPhone in his hand, which was in his pocket, and periodically took it out to check the time. There were not a lot of people on the train. At the 24th and Mission BART station, three men came from the adjoining car and sat near him. One sat in front of Wong and the two others sat across the aisle from him to his right. As the train neared Balboa Park station, the three men got up. At that point, “there was only one other passenger in the car with [Wong] besides the three [men].” One man, who was wearing a Raiders hat and a white shirt, and had “really big pudgy lips,” stood in the aisle near Wong. Another man, who had dreadlocks and “really big,” “big white eyes,” stood by the back exit door. The third man, who wore a black leather jacket, stood at the entrance from the BART train to the BART station. Wong remained seated but felt “startled” as the men got up and stood in their positions. As the train came to a stop and the door opened, the man in the Raiders hat who was standing nearby grabbed Wong’s phone, snatched it out of his hand, and ran out of the train. Wong suffered a cut to his finger when he struggled to prevent the man from taking his iPhone. The three men exited and ran off together. Wong chased them, but the