In re R.A. CA1/3

Filed 5/12/14 In re R.A. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

In re R.A., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A139861 R.A., (Solano County Defendant and Appellant. Super. Ct. No. J41876)

After the San Francisco Superior Court found that appellant R.A., a ward of the court, had committed acts constituting the felony offenses of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) and assault by force likely to cause great bodily injury (Pen. Code. § 245, subd. (a)(4)), the case was transferred to the Superior Court in Solano County, appellant’s county of residence, for disposition. The Solano County Superior Court continued appellant as a ward of the court and committed him to juvenile hall for 120 days, and thereafter to be released to the custody of his mother under the supervision of the probation department. Appellant’s counsel has briefed no issues and asks us to independently review the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) As required by People v. Kelly (2006) 40 Cal.4th 106, 124, we affirmatively note that appellant has been informed of his right to file a supplemental brief and he has not filed such a brief. We have examined the entire record in accordance

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with Wende. Because we find no issues that require further briefing, we affirm the jurisdictional order of August 13, 2013 and the dispositional order of September 3, 2013. On September 28, 2011, the Contra Costa Superior Court declared appellant, then 14 years old, a ward of the court under section 602 of the Welfare and Institutions Code1 after finding that he committed the act of first degree residential burglary (Pen. Code, §§ 459, 460). Appellant was released to his mother’s custody under the supervision of the county probation department with no expiration date. On January 31, 2013, the case was transferred to Solano County because of a change of residence of appellant and his mother. On July 23, 2013, the San Francisco County district attorney filed the current section 602 petition alleging that appellant had committed acts constituting the felony offense of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)), assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)), as a felony offense, and the misdemeanor offense of destroying or concealing evidence (Pen. Code, § 135). At a contested jurisdictional hearing on August 13, 2013, the juvenile court heard testimony from the victim of the robbery and assault, and San Francisco Police Officers Janice Sampol and Steven Needham. The victim testified that on the evening of July 19, 2013, she was waiting for a bus when she was joined by two young men, one of whom she later identified as appellant. While the victim was standing with her cell phone in both hands, sending a text message, appellant approached and with an open palm struck the cell phone causing it to fall to the ground. Both appellant and the victim grabbed for the phone. Appellant grabbed the phone first, and the victim grabbed appellant’s shirt collar. They struggled for a short time and then appellant with a closed fist punched the victim in her face, hitting her upper lip and causing it to swell and bruise inside. Stunned by the blow, the victim released appellant and he and the other man fled with the victim