In re Erick v. CA2/1

Filed 6/27/14 In re Erick V. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ERICK V., a Person Coming Under B249764 the Juvenile Court Law. (Los Angeles County Super. Ct. No. VJ43394)

THE PEOPLE,

Plaintiff and Respondent,

v.

ERICK V.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Stephanie M. Davis, Juvenile Court Referee. Affirmed in part; reversed in part. Courtney M. Selan, under appointment of the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Yun K. Lee and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

SUMMARY The juvenile court sustained two counts of a petition under Welfare and Institutions Code section 602, finding that appellant, minor Erick V., committed the crime of robbery in the second degree in violation of Penal Code section 211, and the crime of grand theft from a person in violation of Penal Code section 487, subdivision (c), on April 10, 2013. Appellant contends that the juvenile court appears to have improperly reviewed the probation officer’s report prior to the time it was allowed to do so. Appellant also argues that grand theft from a person is a lesser included offense of the robbery count. We affirm the robbery finding but agree that the lesser included offense of grand theft from a person should be reversed.

PROCEDURAL BACKGROUND On April 12, 2013, a petition was filed pursuant to Welfare and Institutions Code section 602 alleging that appellant committed two felonies: robbery in the second degree and grand theft from a person. After an adjudication hearing on May 28 and 29, 2013, the court sustained both counts, declared appellant a ward and placed him in a camp- community placement program for six months. Appellant was given 50 days of custody credit. The maximum term of confinement was set at five years. No additional time was imposed on the second count.