In re Alejandro R. CA5

Filed 3/25/14 In re Alejandro R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ALEJANDRO R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067896

Plaintiff and Respondent, (Super. Ct. No. 13CEJ600526-1)

v. ALEJANDRO R., OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Gary R. Orozco, Judge. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

The court adjudged appellant, Alejandro R., a ward of the court (Welf. & Inst. Code, § 602) after it sustained allegations charging him with robbery (Pen. Code, § 211),1 resisting arrest (§ 148, subd. (a)(1)), and a gang enhancement (§ 186.22, subd. (b)(1)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On June 11, 2013, at approximately 5:50 p.m., 15-year-old C.B. was walking home from school in Reedley when appellant and another male juvenile rode up behind him on bicycles and appellant said, “What’s up ene?”2 Appellant’s companion stopped behind C.B. as appellant got off his bicycle and stated, “I like that necklace, let me have it.” C.B. asked, “Why?” Appellant replied, “I ain’t messing around, take it off.” After C.B. handed appellant the necklace, appellant told C.B. to give him the white Nike shoes C.B. was wearing and C.B. complied. Appellant and the other male then rode away on their bikes. As appellant rode off he yelled, “Norte.” C.B. was scared during the encounter with appellant because appellant lifted his shirt as if he was concealing a gun or knife and he threatened to “get down” with C.B., which C.B. understood to mean that appellant would fight C.B. Additionally, a few months earlier appellant told C.B. he had a gun and threatened to kill C.B.’s brother with it.3 On June 12, 2013, Reedley Police Officer Robert Macedo arrested appellant at his house. When Officer Macedo attempted to handcuff him, appellant resisted the officer as