In re K.M.

Filed 2/17/22 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re K.M., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, A159962 Plaintiff and Respondent, v. (San Mateo County Superior Ct. No. 20-JW-0173 / Santa K.M., Clara County Superior Ct. Defendant and Appellant. No. JV44059A)

The juvenile court determined that Kevin M. aided and abetted a second degree robbery involving a cell phone, a felony. He contends that the court’s conclusion is not supported by sufficient evidence. We agree, and we therefore reverse the judgment. BACKGROUND A. The People filed a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)) alleging that Kevin, who was 15 at the time, committed second-degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)) by taking a cell phone from the victim by means of force or fear. The Santa Clara County juvenile court sustained the petition, finding that Kevin had aided and abetted the robbery. (See People v. Perez (2005) 35 Cal.4th 1219, 1225 (Perez) [a person may be found liable of a crime either as a direct perpetrator or as one who aided and abetted a direct perpetrator].) After the case was transferred to San Mateo 1

County for disposition, the court continued Kevin as a ward of the court,1 ordered him to serve 120 days therapeutic detention in juvenile hall, and placed him on probation in his parents’ home. B. On the day of the incident, the victim was listening to his AirPod earphones and looking at his cell phone while walking back to his office after picking up his lunch. He saw five individuals with bicycles who were outside of a 7-Eleven. A few minutes later, someone tapped him on one side while another individual, who was on a bicycle, passed him on the other side and grabbed his cell phone out of his hand. The victim ran after the person who took his phone and tackled him to the ground. After the victim released the thief, someone punched the victim in the face. At that point, the victim noticed he was surrounded by three individuals in black hoodies, one of whom was behind him. The victim could hear yelling all around him, along the lines of “you hurt my friend, we’re going to hurt you.” He felt “[v]ery intimidated.” One of the individuals demanded his AirPods, but the victim refused to hand them over and backed up toward his office. When the victim’s boss arrived on the scene, the three individuals rode away on bicycles. The police arrested three minors with bicycles shortly thereafter: Kevin, along with two youths named Angel and Armando. When they were arrested, Angel had the victim’s cell phone in his backpack. A short while later, the police drove the victim to the location where Kevin, Angel, and Armando were detained. The victim identified Angel as the person who took his phone, and he identified Armando as the person who punched him and demanded his AirPods. The victim had trouble identifying Kevin. He told the police that he did not know if Kevin was the person