People v. Eduardo D.

Opinion

TURNER, P. J. The minor, Eduardo D., appeals from the order declaring him a delinquent ward of the court. (Welf. & Inst. Code, § 602.) The juvenile court sustained one of the allegations of a petition filed April 16, 1999, finding a lesser included offense of grand theft from a person rather than second degree robbery as originally charged. (Pen. Code,1 § 487, subd. (c).) The juvenile court ordered that the minor be removed from the custody of his parents and placed in camp. The juvenile court further ordered that the minor be held in physical confinement for a period not exceeding three years. The minor appealed and we appointed counsel to represent him. The minor argues that there was insufficient evidence to sustain the juvenile court’s finding that he committed grand theft from a person. In the alternative, the minor argues that the juvenile court’s failure to determine whether the grand theft was a misdemeanor or felony pursuant to Welfare and Institutions Code section 702 mandates remand for such a determination.

First, the minor argues there was insufficient evidence to sustain the finding that he committed a grand theft from the person of Manuel G. We review the evidence in the light most favorable to the wardship order. (Jackson v. Virginia (1979) 443 U.S. 307, 319 [99 S.Ct. 2781, 2789, 61 L.Ed.2d 560]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909; People v. Barnes (1986) 42 Cal.3d 284, 303 [228 Cal.Rptr. 228, 721 P.2d 110]; see also In re Babak S. (1993) 18 Cal.App.4th 1077, 1088-1089 [22 Cal.Rptr.2d 893] [standard of proof is the same in juvenile proceedings as that required in adult criminal trials]; In re Jose R. (1982) 137 Cal.App.3d 269, 275 [186 Cal.Rptr. 898] [same].) On April 12, 1999, the minor approached Manuel G. Manuel G. was walking home from a bus stop after school. The minor had previously threatened Manuel G. The reason for the threat was because Manuel G. did not want to join the minor’s “crew.” The minor punched Manuel G. in the face. A fistfight ensued. Manuel G. attempted to pull away from the fracas. The minor then threw a boom box at Manuel G.’s head. The minor then held Manuel G. in a headlock. The minor then hit Manuel G.’s head with some type of metal rod. Manuel G. was finally able to pull away from the minor. Manuel G. ran away. Manuel G. turned back to see that his baseball cap and backpack were on the ground. Manuel G. then saw the minor take the backpack and red baseball cap. Manuel G. went to the hospital, where he received more than 10 stitches to [548]his head. When the minor was arrested on April 15, 1999, he had a metal pipe concealed in his waistband. The minor spoke with Los Angeles Police Officer Gary Kakaua. The minor related a different version of the April 12, 1999, incident.