In re Damian W. CA1/1

Filed 6/17/14 In re Damian W. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 DAMIAN W., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A140062 v. DAMIAN W., (San Francisco County Super. Ct. No. JW13-6122) Defendant and Appellant.

INTRODUCTION Minor Damian W. appeals from jurisdictional and dispositional orders of the juvenile court sustaining allegations of first degree robbery with personal infliction of great bodily injury and felony assault by means of force likely to cause great bodily injury, declaring him a ward of the court, and committing him to a youth ranch facility. (Pen. Code, §§ 212.5, subd. (a), 12022.7, 245, subd. (a)(4).)1 Appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that, if resolved favorably to the minor, would result in reversal or modification of the judgment.2 (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436 (Wende).) Counsel notified the minor of his right

1 Unless otherwise indicated, all further statutory references are to the Penal Code. 2 Appellant has also filed a habeas corpus petition in appellate case number A141303. Because we conclude the petition states a prima facie case for relief, we have issued an Order to Show Cause returnable in superior court by separate order. 1

to file a supplemental brief, but the minor has not filed one. Upon independent review of the record, we conclude no arguable issues are presented for review, and affirm the judgment. STATEMENT OF FACTS AND PROCEDURAL HISTORY On August 30, 2013, at approximately 6:00 p.m. Nathan T. was riding a Muni bus in San Francisco. A group of 10 or 15 people ran beside the bus, boarded it at the same time, and sat down in the same area of the bus. Someone grabbed Nathan’s iPhone. When he tried to get his phone back, someone punched him in the face with a fist. A group of people continued to hit and punch Nathan. He was pushed to the ground and kicked. The bus driver stopped the bus and his assailants left through the rear door. The last person to leave snatched Nathan’s wallet out of his back pocket and kicked him in the face when he tried to get it back. The entire episode was captured on the bus’s video surveillance camera. Nathan was taken by ambulance to San Francisco General Hospital where he stayed five hours. He suffered gashes under his eye and on his forehead that required suturing; swelling to his left eye; and bruises to his back and shoulder. On a scale of 1 to 10, his pain at the hospital was a 10, and it continued at that level the next day. Nathan’s injuries did not disrupt his activities the next day (because it was a Saturday) or cause him to miss work. Nathan took a photograph of himself approximately 14 hours after the attack. Nathan was not able to identify the minor’s role in the attack. San Francisco Police Officer Richard Wise went to the location of the bus attack at 23rd and Dakota Streets to investigate the robbery. Later than evening he viewed the Muni video. Several hours after the attack, Officer Wise saw an individual at 78 Dakota Street, approximately half a block from 23rd Street, wearing a camouflage baseball cap backwards and camouflage pants that were similar to the clothing worn by one of the suspects in the video. The officer took a photograph of him.