In re J.M. CA2/8

Filed 10/8/20 In re J.M. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

In re J.M., a Person Coming B305168 Under the Juvenile Court Law. THE PEOPLE, (Los Angeles County Super. Ct. No. YJ40022) Plaintiff and Respondent,

v.

J.M.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Nancy Newman, Judge. Affirmed.

Marta I. Stanton, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Jason Tran and Kristen J. Inberg, Deputy Attorneys General, for Plaintiff and Respondent.

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The minor J.M. appeals the sustaining of a petition and declaration of wardship for robbery (Pen. Code, § 211), which was alleged in one of five wardship petitions filed between March and November 2019, pursuant to Welfare and Institutions Code section 602. The allegations in the petitions included grand theft, robbery, assault with a firearm, battery upon a custodial officer, firearm and gang allegations, and vandalism, among other charges. Appellant admitted some counts, and others were dismissed. The robbery allegation was sustained following a contested adjudication hearing. J.M. contends his conviction is not supported by substantial evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On August 5, 2019, Diana G. was approached by two boys as she was sitting on a bench at the Farmdale train station, texting and listening to music. The first boy demanded her phone. The second boy, appellant, was standing slightly behind the first boy, to Diana G.’s right. The first boy snatched Diana G.’s phone from her hand and started riffling through her backpack. He had a gun tucked in his waistband. He tried to take the laptop from Diana G.’s backpack, and shoved her a couple times. Appellant demanded cash from Diana G. The first boy asked for the password for Diana G.’s phone. When she did not immediately respond, the first boy pointed a gun at her face. Both boys ran off when a train approached the platform. The robbery lasted approximately two minutes. Diana G. saw both boys’ faces. They looked very young, and had round “baby- like” faces. Appellant was wearing a black long-sleeved hoodie, and the other boy was wearing a white undershirt. Diana G. believed the boys were 14 or 15 years old.