In re J.M. CA1/1

Filed 3/26/14 In re J.M. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A138721

Plaintiff and Respondent, (Contra Costa County v. Super. Ct. No. J13-00365) J.M., Defendant and Appellant.

Appellant J.M. appeals from a judgment sustaining the allegations of a Welfare and Institutions Code section 602 wardship petition that he and two other minors committed second degree robbery. He contends the judgment is not supported by substantial evidence. We disagree, and affirm the judgment. I. BACKGROUND A wardship petition alleged appellant, age 17, and two minor cohorts, J.W. and S.S., committed second degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c).) A. Prosecution Case About 10:10 p.m. on March 21, 2013, Kelly Kennedy was walking home from his work as an assistant manager at the Antioch O’Reilly Auto Parts store. Kennedy was on G Street and the area was “fairly dark,” although a streetlight across the street provided some illumination. Kennedy, who is six feet tall, wore a backpack that contained his O’Reilly Auto Parts work shirt. He had a cell phone and an asthma inhaler in his pocket.

Kennedy testified a “black to dark gray” 2008 to 2011 Dodge Charger with dark tinted windows and a “pin stripe” drove up next to him.1 Instead of license plates, the car had a paper plate on the rear. As the car pulled over, the vehicle lights went off and an individual in the right rear passenger seat, later identified as Hassan Beal, attempted to exit the vehicle before it stopped and “almost fell out” of the Charger before it came to a stop, and was almost run over. When Kennedy stopped to help Beal, “two other people came and they rushed on me, grabbed me, one under each arm, lifted me backwards and threw me into the bushes.” He testified, “[S]everal individuals came out [of the vehicle], lifted me up backwards, threw me into a bush, pushed a gun in my face and proceeded to search my pockets and remove my backpack from me.” The two robbers were within inches of Kennedy’s face as they searched his pockets and removed his backpack. At the hearing, Kennedy identified appellant and S.S. as the two boys who threw him into the bushes and searched his pockets. Kennedy was one “[h]undred percent” certain of his identifications. Kennedy had already identified Beal in superior court as the robber with dreadlocks who held him down by kneeling on his chest. Kennedy said there were four robbers outside of the car who committed the robbery. Kennedy did not see a fifth person who remained in the car and pressed on the brake lights. The four robbers who Kennedy saw wore dark jeans, baseball caps, and black hoodies, with the hoods pulled up. One of them also wore a red shirt that was “pulled out” of the waistline of his baggy pants. Except for Beal, the other robbers were of similar height and stature. The robbers repeatedly said to Kennedy, “We want your money.” They ordered him to “[g]ive me your stuff” and “[g]ive me your bag.” They also told him to “[b]e quiet.” They searched Kennedy, checked his pockets, and pulled his backpack off. Kennedy tried to resist by waiving his arms back and forth. As he waived his arms, however, Kennedy hit a handgun that was next to his face.