In re N.R. CA5

Filed 9/7/22 In re N.R. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 N.R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F083419

Plaintiff and Respondent, (Super. Ct. No. 21JL-00063-A)

v. OPINION N.R.,

Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Merced County. Brian L. McCabe, Judge. Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis A. Martinez and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Snauffer, J.

Minor N.R. admitted committing battery and vandalism, and the juvenile court found she also committed robbery. On appeal, she contends (1) battery is a lesser included offense of robbery, (2) she cannot have committed vandalism because the property she robbed the victim of became her own, and (3) her disposition violated Penal Code section 654.1 We affirm. BACKGROUND On May 11, 2021, 15-year-old minor entered a fast food restaurant with her mother and her friend, and started yelling at another female student (the victim), who was there eating with her boyfriend. The victim knew these people to be “very problematic, … very hyper and irritated,” so she and her boyfriend left out the back door, attempting to avoid further conflict. But all three followed and minor continued to yell at the victim. They exchanged words, minor pushed the victim, and the victim threw her drink at minor. Then a fight ensued. The boyfriend tried to pull minor and the other two off the victim, then a restaurant employee came out and told them they could not fight there, so they all left. The victim called her mother to tell her what had happened. Her mother told her to go home and stay inside so she would not get hurt. As the victim and her boyfriend walked home, a car full of people sped up to them and stopped. Minor’s mother was driving. Minor, her mother, her sister, and several other people jumped out. Minor chased the victim, who had started running because of the aggressive behavior of minor’s mother. Minor pushed the victim, yanked her backpack off, took her computer out of her backpack, and threw it onto the concrete, breaking the screen and destroying the computer. Then she took the victim’s cell phone out of her backpack. Laughing, she told the victim she had her phone. She threw the phone on the concrete and then picked it up and took it with her. When a neighbor yelled that she was going to call the police, minor’s mother got very upset and everyone started