In re Jerome C. CA2/1

Filed 5/8/14 In re Jerome C. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

In re JEROME C., a Person Coming Under B251089 the Juvenile Court Law. (Los Angeles County Super. Ct. No. FJ50937)

THE PEOPLE,

Plaintiff and Respondent,

v.

JEROME C.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County, Denise McLaughlin-Bennett and Charles R. Scarlet (Retired), Judges. (Retired judge of the L.A. Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Leslie G. McMurray, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________

A Welfare and Institutions Code section 602 petition filed July 30, 2013 alleged that on or about July 28, 2013, Jerome C., then 16 years old, committed second degree robbery in violation of Penal Code section 211. Jerome C. denied the charge. At the adjudication hearing, a Los Angeles County Sheriff’s deputy testified that on July 28, 2013, he responded to Carino’s restaurant in Palmdale on an armed robbery call. The victim, Joshua Leon, told him that two male juveniles had taken his cell phone, leaving the area. Deputies detained Jerome C. and another suspect a short distance away. The deputy read Jerome C. his rights under Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694]. Jerome C. then stated that he and his cousin entered the restaurant to get a drink of water. His cousin went to the restroom, and on the way out grabbed a cell phone off the counter. Jerome C. and his cousin ran from the restaurant. The victim followed them out, and they stopped and turned around. After his cousin said something to the victim, Jerome C. said, “‘He’s crazy, he’ll kill you,’” meaning his cousin. As far as Jerome C. knew, his cousin did not have a gun. The deputy recovered a cell phone from the cousin’s pocket. Leon testified that he was an off-duty Los Angeles Police Department officer, eating with his wife at Carino’s in the Antelope Valley Mall on July 28, 2013, when Jerome C. and another male walked in and stood in the front of the restaurant. Leon saw Jerome C. walk around the restaurant and return to the front to talk to the other male, looking over at Leon and his wife. Jerome C. and the other male, an adult, then walked toward where Leon and his wife were sitting at the bar, on which Leon had put his cell phone. The two men walked past them, and then ran by the counter, the adult taking Leon’s cell phone. Both men ran out of the restaurant. Leon ran after them, following the adult; he then heard Jerome C. behind him, yelling to let the adult know that he was being chased. The adult turned around as Leon got close, and Leon asked for his phone back. The adult put his hand in his pocket and Leon thought he might have a weapon. The adult jumped up and down and said, “‘Hey, I’m crazy, I’m crazy,’” and Jerome C. walked up and said, twice, “‘Hey, you know what, he is crazy and, you know what, he’s going to kill you.’” Although Leon had a service weapon with him, he decided not to