In re S.C. CA5

Filed 3/24/14 In re S.C. CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re S.C., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F066909

Plaintiff and Respondent, (Super. Ct. No. 11CEJ600096-3)

v. OPINION S.C.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Ralph L. Putnam, Judge. (Retired judge of the Fresno County Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J., and Franson, J.

INTRODUCTION On February 1, 2013, a petition was filed, pursuant to Welfare and Institutions Code section 602, alleging that appellant, S.C., committed second degree robbery of Maria S. on January 25, 2012. On February 26, 2013, a second amended petition was filed, pursuant to Welfare and Institutions Code section 602, alleging that on January 1, 2013, appellant committed grand theft from a person, Yolanda S. (Pen. Code, § 487, subd. (c), count 1), and second degree robbery of Yolanda S. (Pen. Code, § 211, count 2). Both offenses were alleged to be felonies. After a contested jurisdiction hearing on February 26, 2013, the juvenile court found the allegations to be true. At the disposition hearing on March 12, 2013, the juvenile court found appellant to be a ward of the court, and placed her on probation upon various terms and conditions, including that she be detained at the juvenile justice campus for 180 days. The court found that appellant’s total aggregate, maximum term of confinement, including potential confinement from a prior petition, was eight years, with custody credits of 185 days for time already served in confinement. The court stayed appellant’s sentence on count 1. On appeal, appellant argues that a field show-up violated her due process rights. Appellant also contends the juvenile court abused its discretion in permitting the victim of a different offense to enter the courtroom during the hearing. FACTS January 25, 2012 Robbery On the morning of January 25, 2012, Maria S., who was then 14 years old, was waiting with a friend at a bus stop to go to school. Maria saw appellant and another girl at the bus stop. Maria had never seen the girls before. Both girls standing at the bus stop were pretending to be waiting for the bus. One girl was wearing black pajama bottoms with orange basketballs on them. Maria identified appellant as the girl wearing pajamas.