In re Stephon W. CA2/2

Filed 11/5/15 In re Stephon W. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re STEPHON W., a Person Coming B262415 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. YJ38152)

THE PEOPLE,

Plaintiff and Respondent,

v.

STEPHON W.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Irma J. Brown, Judge. Affirmed with modification. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Analee J. Brodie, Deputy Attorney General, for Plaintiff and Respondent. * * *

The juvenile court found Stephon W. (minor) guilty of second-degree robbery and assault with a deadly weapon, and placed him on probation. Minor appeals the sufficiency of the evidence underlying his assault with a deadly weapon count and raises three challenges to his sentence. We conclude that the court erred in announcing a maximum term of imprisonment for a probationary sentence, but otherwise reject minor’s challenges. Accordingly, we affirm with instructions to strike the court’s declaration of a maximum term of imprisonment. FACTS AND PROCEDURAL BACKGROUND In early January 2015, minor and Devon Q. (Devon) approached a teenager on a street corner. Devon pointed a gun at the teen’s chest and then at his head while minor searched the teen’s pockets. After minor found and took an iPhone and cord, both minor and Devon fled on foot. Devon was arrested minutes later with a backpack containing an iPhone and an “air soft pistol.” Because minor was 16 years old at the time of this incident, the People filed a petition in juvenile court alleging “felony,” second-degree robbery (Pen. Code, § 211), and alleging that a principal was armed with a firearm (id., § 12022, subd. (a)(1)). Before trial began, the People orally amended the petition to allege assault with a deadly weapon (id., § 245, subd. (a)(1)). After hearing the evidence, the juvenile court dismissed the firearm enhancement because the “pellet gun” was not a “firearm.” The court nevertheless found minor guilty of second-degree robbery and assault with a deadly weapon, and declared him to be a ward of the court under Welfare and Institutions Code 1 section 602. The juvenile court placed minor on probation, including a term of 30 days community detention, 100 hours of community service and other standard conditions of probation. Minor timely appeals.