In re Aaron L. CA2/6

Filed 5/16/16 In re Aaron L. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re AARON L., a Person Coming Under 2d Juv. No. B262109 the Juvenile Court Law. (Super. Ct. No. KJ39006) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

AARON L.,

Defendant and Appellant.

Aaron L, a minor, appeals the juvenile court's order sustaining a delinquency petition and declaring him a ward of the court based on allegations he committed second degree robbery (Pen. Code, § 2111) and personally used a deadly or dangerous weapon, i.e., a knife (§ 12022, subd. (b)(1)). (Welf. & Inst. Code, § 602.) The court ordered him placed in a camp community placement program and set a maximum confinement time of six years. Appellant contends the evidence

1 All statutory references are to the Penal Code unless otherwise stated.

is insufficient to support the finding that he personally used a knife in committing the robbery. We affirm. FACTS AND PROCEDURAL HISTORY On November 1, 2014, Dominic Ahumado was working at a convenience market in Baldwin Park. He was standing outside the market near closing time when a car pulled up to the side of the parking lot. Appellant, another male, and a female got of the car and stared at Ahumado until he went back inside. As Ahumado was preparing to lock the front door and leave, appellant grabbed him from behind and poked him in the side with an object. Appellant pushed Ahumado against the door and yelled, "Don't fucking move. It's a robbery." In the reflection of the glass door, Ahumado could see that appellant was holding a switchblade knife at Ahumado's chest. Ahumado looked at a security mirror and saw another male take an 18-pack of Tecate beer from the market's refrigerator. Appellant tried to throw Ahumado to the ground before appellant and his companion ran away with the beer. A surveillance video of the incident was played for the jury. Ahumado called 911. The police officer who responded to the call was driving toward the market when he saw appellant, another male, and a female walking on the street and carrying an18-pack of Tecate. The officer got out of his vehicle and appellant and his companions started running. The officer yelled for them to stop. Appellant's companions complied but he kept running. He tried to hide behind a fence and was apprehended. DISCUSSION Appellant contends the evidence is insufficient to support the finding that he personally used a dangerous or deadly weapon in committing the robbery against Ahumado. We disagree. In reviewing claims of insufficient evidence, we examine the entire record and draw all reasonable inferences therefrom in favor of the judgment to