In re K.M. CA1/4

Filed 3/25/14 In re K.M. CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re K.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A138163 v. (Alameda County K.M., Super. Ct. No. SJ1208410) Defendant and Appellant.

I. INTRODUCTION Appellant K.M. appeals from a true finding by the juvenile court that on November 11, 2012, he committed an attempted robbery of a minor, S.G., as alleged in a wardship petition filed against him under Welfare and Institutions Code section 602, subdivision (a) (section 602). Appellant contends the trial court made a legal error in interpreting the intent requirement necessary for the commission of a robbery. We disagree, and affirm the finding and disposition. II. PROCEDURAL AND FACTUAL BACKGROUNDS On November 14, 2012 a subsequent section 602 wardship petition was filed by the Alameda County District Attorney’s Office alleging that appellant committed felony

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attempted robbery (Pen. Code, §§ 664, 2111) (Count One), and a misdemeanor violation of drawing or exhibiting an imitation firearm (§ 417.4) (Count Two). As to Count One, the petition also alleged that appellant used a deadly and dangerous weapon in the course of committing the attempted robbery (§ 12022, subd. (b)). Appellant had been previously declared a ward of the court, and was on formal probation at the time of the offenses alleged in the subsequent petition. A contested jurisdictional hearing began on December 17, 2012, and continued on January 10, 2013, before concluding on January 29, 2013. At the conclusion of the jurisdictional hearing appellant’s counsel made a motion to dismiss the petition under Welfare and Institutions Code section 701.1 as to Count One and the arming enhancement, which was denied. At the conclusion of the hearing, the court found Counts One and Two true (felony attempted robbery and a misdemeanor violation of drawing or exhibiting an imitation firearm, §§ 664, 211, 417.4). The court made no finding as to the enhancement allegation. A disposition hearing was held on February 20, 2013, at which time the juvenile court continued appellant on formal probation. This timely appeal followed. The jurisdictional hearing commenced with the testimony of the minor victim, S.G. He testified that on November 11, 2012, at approximately 8:30 p.m., he and his friend E.P. were walking home after playing pool at Chalk It Up in Hayward. As S.G. and E.P. passed by a parking lot, someone came from behind the driver’s side of a large white moving-type truck and pointed what appeared to be a handgun at S.G., and then at his friend E.P. The gunman wore a black “jabberwocky” mask, a gray “hoodie,” and a brownish vest. The mask covered the gunman’s face from forehead to chin and the hoodie covered the gunman’s hair. The gunman “aggressively” stated, “Give me your stuff” or “Give me your shit.” S.G. was in shock and initially did not know what to do. S.G. then performed a “gun take-away” martial arts move to disarm the gunman, elbowing the gunman in the face. E.P. knocked the gunman to the ground, and S.G.