In re D.T. CA2/5

Filed 1/8/15 In re D.T. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B252369

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MJ22273) v.

D.T.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Denise McLaughlin-Bennett, Judge. Affirmed. Steven A. Torres, under appointment by 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, Paul M. Roadarmel, Jr. and Allison H. Chung, Deputy Attorneys General for Plaintiff and Respondent.

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The juvenile court sustained a petition alleging that appellant D.T. committed a robbery in violation of Penal Code1 section 211, a felony. The court found that appellant was a person described by Welfare and Institutions Code section 602, adjudged appellant to be a ward of the court, and placed appellant on home probation. Appellant appeals from the orders sustaining the petition and adjudging appellant to be a ward of the court, contending there is insufficient evidence to support the court’s finding that appellant committed a robbery. We affirm the court’s orders.

Facts On April 26, 2013, about 10:00 p.m., codefendant Z.C. entered the Rite Aid store on 47th Street in Palmdale. Ignacio Prieto, the assistant store manager, was monitoring the store’s video surveillance system and noticed that Z.C. immediately looked at the surveillance camera with a “paranoid” expression. Prieto went to the front of the store to watch Z.C. more closely, but could not find him. Appellant and three other young men entered the store and spread out into different sections. Appellant approached Prieto and asked where the Tide laundry detergent was located. Prieto asked cashier Diego Marquez to help appellant. Prieto continued to look for Z.C. Surveillance video showed Z.C. in the liquor aisle. Prieto went to that aisle, heard the sound of bottles clinking and asked Z.C., “What are you doing” and “What do you have?” Z.C. replied, “I don’t have anything.” Z.C. then handed Prieto a bag of candy. Prieto told Z.C. to leave the store. Z.C. walked to the store’s exit, but refused to leave without his friends. Z.C. indicated that a group of young men at the check-out counter were his friends. Appellant