In re Sergio M. CA2/1

Filed 5/24/13 In re Sergio M. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

In re SERGIO M., a Person Coming Under B244322 the Juvenile Court Law. (Los Angeles County Super. Ct. No. NJ26254)

THE PEOPLE,

Plaintiff and Respondent,

v.

SERGIO M.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Charles R. Scarlett II and John C. Lawson II Judges. Affirmed. Esther R. Sorkin, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, and Noah P. Hill, Deputy Attorney General, for Plaintiff and Respondent.

Minor Sergio M. appeals from the order of wardship entered following a finding that he committed attempted robbery. Minor contends that the evidence was insufficient to support the juvenile court‘s finding that he committed attempted robbery because there was no evidence he used force. We affirm. BACKGROUND On April 4, 2012, minor entered a store in Torrance where Mehdi Amini and his brother Gosham Amini were working. Minor apparently left his skateboard near the store entrance, then went to a rack of sunglasses. Mehdi testified that he saw minor remove two pairs of sunglasses from the rack and place them in his pocket. Mehdi approached minor and asked minor to give him the sunglasses. Mehdi testified that minor refused and said, ―‗You cannot touch me.‘‖ Mehdi said he was not going to touch minor, but was asking for the sunglasses. Mehdi testified that minor ―just act[ed] angry, and he came toward me; and he goes, ‗Look. You cannot touch me.‘‖ Mehdi told minor he was going to call the police, then did so. Mehdi testified, ―I was on the phone with the officer. Then he start going through the—my brother, he was over there. He just push him and tried to force himself out, and he grabbed his skateboard. That‘s the time I thought he was going to strike him with the skateboard, because he was holding it to him.‖ The prosecutor asked, ―You observed Sergio pushing your brother?‖ Mehdi replied, ―Yeah, he pushed him, because I—he‘s coming through the checkstand. It‘s narrow. But he pushed him. And he has a heart condition.‖ Mehdi testified that after minor grabbed his skateboard, ―[W]e took it away from him. And the way he was moving and shaking up the things, we just hold him down.‖ Mehdi then testified that only he, not his brother, held minor, and while Mehdi was holding minor, minor ―put his hand in his pocket. He throw the sunglasses up in the air.‖ Mehdi restrained minor until the police arrived. On cross-examination, Mehdi testified that when he held minor, he was on top of minor, who was on the floor. Mehdi was six feet tall and weighed about 250 pounds. Gosham was the same height and weighed about 220 pounds. Mehdi denied that both he and Gosham held minor, but then testified, ―He hold him when he strike him.‖