In re I.H. CA3

Filed 5/7/14 In re I.H. CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re I.H., a Person Coming Under the Juvenile Court C074015 Law.

THE PEOPLE, (Super. Ct. No. 132673)

Plaintiff and Respondent,

v.

I.H.,

Defendant and Appellant.

Appointed counsel for minor I.H. asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to the minor, we will affirm the judgment.

1

I The minor admitted a misdemeanor charge of threatening a school official. (Pen. Code, § 71.) The juvenile court declared the minor a ward of the court and placed him in the home of his parents under the supervision of the probation department. Approximately two months later, the People charged the minor with robbery. The robbery victim suffers from paranoid schizophrenia and takes medication for the condition. The victim admitted that he sometimes has memory problems and difficulty focusing on conversations he is having with others. The victim’s brother was permitted to remain in court as a support person. The victim testified that on February 10, 2013, he purchased a 24-ounce container of beer from a Shell service station on the corner of Walnut and El Camino and drank it behind the service station. The victim did not feel intoxicated. About 6:45 p.m., the victim was crossing the street when he saw the minor across the street. The victim had known the minor for a year and had met him through the victim’s 17-year-old neighbor “Brody.” According to the victim, the minor caught him “in the middle of the street,” kicked him in the ribs, took his wallet and ran off. Because he did not have his cell phone with him, the victim used the Shell station phone to call 911. Deputy Kari Bloss responded to the call and the victim told her what happened. She took the victim to where the minor was being held and the victim identified the minor as the robber. The victim subsequently identified the minor in court as the person who robbed him. On cross-examination, the victim testified the robbery occurred “[r]ight in the middle of the parking lot” of the Shell station, and there was no doubt in his mind that was where the robbery occurred. He also testified that the person in charge of the Shell station would not let him use the station’s phone. Because he used a phone to report the robbery, he must have used his cell phone. Following a short recess, the victim testified