In re B.B. CA5

Filed 8/10/22 In re B.B. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 B.B., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F083892

Plaintiff and Respondent, (Super. Ct. No. JW141641-00)

v. OPINION B.B.,

Defendant and Appellant.

THE COURT * APPEAL from an order of the Superior Court of Kern County. Wendy L. Avila, Judge. Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Ross K. Naughton, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Franson, J. and Snauffer, J.

Minor B.B. contends on appeal that the robbery finding against him by the juvenile court must be reversed because there is no substantial evidence on the record to support the “force” or “fear” element of robbery. The People agree, as do we. We reverse the juvenile court’s robbery determination. In all other respects, the disposition order is affirmed. PROCEDURAL SUMMARY On January 15, 2021, an original juvenile wardship petition was filed, pursuant to Welfare & Institutions Code section 602, alleging that minor had committed robbery (Pen. Code, § 212.5, subd. (c); 1 count 1) and grand theft from a person (§ 487, subd. (c); count 2). On December 23, 2021, there was a contested jurisdictional hearing. The juvenile court found both counts of the petition to be true. On January 10, 2022, there was a disposition hearing. The court deemed count 2 a felony, rather than a misdemeanor. Minor was adjudged a ward of the court and placed on probation not to exceed his 21st birthday. He was committed to Kern Crossroads Facility, to be released to his mother upon completion. On February 4, 2022, minor filed a notice of appeal. FACTUAL SUMMARY While playing hide-and-seek with J.M., a six-year-old, minor, then 14 years old, asked to see J.M.’s necklace. J.M. allowed him to unclasp it. Minor removed it from J.M.’s neck by undoing the clasp, then ran away with it. J.M. chased after minor but could not find him. In court, J.M. testified that minor did not say or do anything to him when taking his necklace, aside from asking to see it and undoing the clasp. He testified that minor