In re Ali R. CA5

Filed 10/15/15 In re Ali R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ALI R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F070915

Plaintiff and Respondent, (Super. Ct. No. JW133376-00)

v. OPINION ALI R.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. William D. Palmer and Raymonda B. Marquez, Judges.† Jyoti Malik, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Lewis A. Martinez, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Peña, J. † Judge Palmer presided over appellant’s jurisdictional hearing; Judge Marquez presided over appellant’s dispositional hearing.

INTRODUCTION On October 2, 2014, a Welfare and Institutions Code section 602 petition was filed in Kern County alleging that appellant Ali R., a minor, committed felony second-degree robbery (Pen. Code, § 212.5, subd. (c)). At the conclusion of a jurisdictional hearing, the court found the allegation true. Appellant was adjudged a ward of the court and granted probation not to exceed his 21st birthday. He was committed to the Kern Crossroads Facility, and other terms and conditions were imposed. On appeal, appellant contends there is insufficient evidence to support the court’s finding that he committed robbery. We disagree and affirm the judgment. FACTS Prosecution Case On September 6, 2014, at approximately 11:20 p.m., Kyle Brenner was working at the Chevron gas station located at 1999 Taft Highway in Kern County when appellant and another male, Eddie, walked in. Appellant, then a minor, proceeded toward the beer cabinets while Eddie went to the restroom. As appellant was looking at the beer cabinets, Brenner told him he looked too young to buy beer. Appellant did not respond. When Eddie left the restroom, appellant met him in the hallway, where Brenner heard them discussing beer. Appellant and Eddie walked over to the beer cabinet. Brenner saw and heard both appellant and Eddie attempt to open the locked cabinets. He explained the cabinet doors make a distinct sound when someone attempts to open them when locked. After appellant and Eddie failed to open the cabinets, they left the store. Brenner characterized the incident as a beer run. During a beer run, an individual will come into a store to steal beer. Brenner testified that he locked the beer cabinets around 10:00 p.m. to prevent beer runs. Based on his experience as a store clerk, he believed appellant and Eddie were attempting to steal beer.