In re Adrian v. CA1/2

Filed 10/16/15 In re Adrian V. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re ADRIAN V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A145028 ADRIAN V., (San Francisco City and County Defendant and Appellant. Super. Ct. No. JW136244)

Appellant Adrian V. appeals from an order requiring him to pay victim restitution. Appellant’s court appointed counsel has filed a brief raising no legal issues and asking this court to conduct independent review pursuant to People v. Wende (1979) 25 Cal.3d 436. Appointed counsel informed appellant she had filed a brief in his behalf pursuant to Wende, and he may personally file a brief. He has not done so. Having reviewed the record and found no arguable issues requiring briefing, we shall affirm the judgment, including the restitution order. FACTS AND PROCEEDINGS BELOW Since the appeal is only from the restitution order, the facts of the offense need not be described in detail. According to the detention report of the probation department,1

1 We take the facts from this report because, for reasons that do not appear in the record, the court stated at the restitution hearing that it did not conduct a contested jurisdictional hearing.

1

the victim, a 30-year-old man who was medically uninsured, told the police he was walking on Alabama Street in San Francisco when appellant, who had brass knuckles in his right hand, approached him and said “ ‘what’s up?’ ” The victim saw four males and a female standing across the street and watching him. When three of the males, one of whom he later identified as Corey I., started walking toward him, the victim was struck in the back of the head by appellant with the brass knuckles, knocking him down. Appellant then hit the victim four more times, causing his head to bleed profusely. While the victim was on the ground, one of the males walking toward him waved a knife in his face and demanded “ ‘give me everything you got or I’ll cut you.’ ” The victim then put his wallet and cell phone on the sidewalk, and one of the three males picked it up. The victim then ran home and a friend there called 911. He was then taken to the emergency room at St. Luke’s Hospital. The victim later identified appellant as the person who attacked him, and Corey I. as one of the males who ran up to him. All four males were booked at the Juvenile Justice Center. Appellant was 15 years old and enrolled as a student at Galileo High School. This incident was his first contact with the juvenile justice system. The victim promptly sought restitution for his medical expenses and other losses. On June 6, 2013, the San Francisco County District Attorney filed a wardship petition (Welf. & Inst. Code, § 602) alleging that appellant had committed robbery in the second degree, assault with a deadly weapon, battery inflicting serious bodily injury, and the use of brass knuckles. (Pen. Code, §§ 211/212.5, subd. (c); 245, subd. (a)(1), 243, subd. (d), 21810.)2 The district attorney also filed petitions against three other juvenile participants in the incident, but two of these petitions were dismissed. Three weeks later, appellant and Corey I., the remaining participant, were jointly tried at a contested jurisdictional hearing. As to appellant, the juvenile court found true the allegation of robbery in the second degree, a felony, in violation of sections 211/212.5. The remaining four counts were dismissed “in light of conviction of count 1.”