In re Marcus M. CA5

Filed 5/2/14 In re Marcus M. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 MARCUS M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F067792

Plaintiff and Respondent, (Super. Ct. No. JW128418-02)

v. OPINION MARCUS M.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Peter Warmerdam, Juvenile Court Referee. Roshni Mehta, 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 Poochigian, Acting P.J., Detjen, J. and Peña, J.

The court found appellant, Marcus M., was a person described in Welfare and Institutions Code section 602, after it sustained allegations charging him with two counts of robbery (counts 1 & 2/Pen. Code, § 212.5, subd. (c)) and one count each of attempted robbery (count 3/Pen. Code, §§ 664 & 212.5, subd. (c)) and violation of probation (count 4/Welf. & Inst. Code, § 777, subd. (a)(2)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm. PROCEDURAL AND FACTUAL HISTORY On June 28, 2013, at 9:50 p.m., David S., Jason A., and Michael P., were riding bicycles on a bike path at California State University Bakersfield when they saw a group of about eight people, including appellant, walking on the path ahead of them.1 David and his companions rode single file, with David in front, as they approached appellant’s group from behind. As they passed the group, Jason said, “What’s up?” Someone from the group then said, “Hey, nice bike,” and appellant and his friends pinned Jason against a wall. When David looked back, he saw three or four people hitting Jason and two to three people run to Michael and start hitting him. Meanwhile, appellant ran up to David’s left side, reached for his waistband, and said, “I got a gun. You want to get shot?” Jason was then able to ride to David’s location, prompting appellant to grab the handlebar on Jason’s bicycle, which allowed David to flee on his bike. Appellant’s group, however, took the bicycles away from Jason and Michael. David reported the incident to the campus police soon after it happened. At approximately 3:37 a.m., Michael contacted Officer Scott Jellitich and informed him that he had located photographs on Facebook of two of the people involved in the robbery: appellant and Anthony M. Officer Jellitich determined appellant was on probation and located an address for him. At approximately 6:32 a.m., he went to the address and spoke with appellant’s