In re D.H. CA5

Filed 9/8/16 In re D.H. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 D.H., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F073017

Plaintiff and Respondent, (Fresno Super. Ct. No. 15CEJ600730-1) v.

D.H., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. John F. Vogt, Judge. Thomas W. Casa, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Peña, J.

INTRODUCTION Defendant/appellant D.H., a juvenile, was found to have been an aider and abettor of second degree robbery (Pen. Code, §211) and placed on probation subject to various terms and conditions. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS Around 11:30 a.m. on November 20, 2015, 24-year-old Joseph Briones (Briones) was walking on Cedar Avenue between Clinton and McKinley in Fresno. He had a headphone in one ear and he was listening to music on his iPhone. Briones testified two males ran up behind him, grabbed him, and punched his head and jaw. Briones felt them try to take his iPhone, and heard one male say, “ ‘[G]ive me all your money.’ ” Briones fell to the ground and lost consciousness. When he woke up, Briones realized his iPhone and wallet had been taken. He suffered a bump, cuts, and bleeding on his forehead and the right side of his head, and he was taken to the hospital for treatment. Briones was unable to identify anyone because the assailants attacked him from behind. Several law enforcement units responded to the area. There were two witnesses who observed the incident. Deputy Talent interviewed Tommy Puentes (Puentes), who said that he was standing outside his house, and saw two men behind Briones. The men ran up to Briones and attacked him from behind. Briones fell to the ground. Puentes said four more men ran up to the victim. Puentes said he ran into his house and called 911, and did not see what the other four men did. Puentes said he returned outside after he called 911, and the suspects were gone. Puentes gave a basic description of two men to Deputy Talent. Joni Nickles was driving her vehicle on Cedar Avenue and also saw the incident. She reported that two males ran behind Briones and attacked him. Nickles reported