In re Muhammad A. CA5

Filed 11/7/14 In re Muhammad A. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

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

THE PEOPLE, F068728

Plaintiff and Respondent, (Super. Ct. No. 13CEJ600482-1)

v. OPINION MUHAMMAD A.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Timothy Kams, Judge. Randall Conner and E. Katherine Dashiell, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Detjen, J., and Franson, J.

INTRODUCTION On June 7, 2013, appellant, Muhammed A., was charged in a juvenile delinquency petition pursuant to Welfare and Institutions Code section 602 with felony second-degree robbery (Pen. Code, § 211, count 1)1 and misdemeanor assault by means likely to cause great bodily injury (§ 245, subd. (a)(4), count 2). On September 25, 2013, the juvenile court found the allegations true at the conclusion of a jurisdiction hearing as to appellant and a second juvenile, Q.M. On November 13, 2013, the prosecution filed a subsequent juvenile petition alleging two felony counts that on November 10, 2013, appellant unlawfully drove or took a vehicle (Veh. Code, § 10851, subd. (a), count 1) and received a stolen motor vehicle (§ 496d, subd. (a), count 2). On November 14, 2013, appellant admitted count 2 and the court dismissed count 1. At the joint disposition hearing on both petitions, the juvenile court granted the prosecutor’s motion to dismiss the subsequent petition filed on November 13, 2013. On the original petition, the juvenile court found appellant to be a ward, placed him on probation for one year upon various terms and conditions, and ordered his detention in the Fresno County Juvenile Justice Campus for 180 days. The court found count 1 to be a felony and count 2 to be a misdemeanor. Appellant was granted 75 days of custody credits. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). FACTS Rosalino Zarate owned a green bicycle. At approximately 4:30 p.m. on June 4, 2013, Zarate rode his green bicycle to Quigley Park in Fresno on the corner of Dakota and Teilman. Six young black males surrounded Zarate at the park and grabbed Zarate’s