In re Steven P. CA4/3

Filed 6/10/13 In re Steven P. CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re STEVEN P., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, G047292 Plaintiff and Respondent, (Super. Ct. No. DL034681) v. OPINION STEVEN P.,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Donna L. Crandall, Judge. Affirmed in part; reversed in part. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Christine Levingston Bergman, Deputy Attorneys General, for Plaintiff and Respondent. * * * Steven P. appeals from a judgment after the juvenile court declared him a ward of the court pursuant to Welfare and Institutions Code section 602, and found true the petition‟s allegations of second degree robbery (Pen. Code, § 211), and receiving stolen property (Pen. Code, § 496, subd. (a)). Steven contends the juvenile court erred by excluding his post-detention statements to police that were consistent with his alibi defense—an argument we reject. Steven also contends the juvenile court erred by sustaining the petition on the receiving stolen property count because he could not be convicted of both robbery and receiving stolen property. The Attorney General concedes the latter point, and we agree. Accordingly, we reverse the finding on the receiving stolen property count and affirm the judgment as modified. FACTS Around midnight on February 17, 2012, Enner Mendoza was walking towards his apartment complex in Anaheim when he noticed a gold four-door car driving towards him. When the car sped up, Mendoza became nervous and started walking faster. Suddenly, Mendoza noticed three young men were following him. The three men surrounded Mendoza—one in front and two from behind. One of the men asked Mendoza what time it was. Another one of the men placed a hard object against the back of Mendoza‟s neck, and the men told Mendoza to give them all his belongings. Mendoza complied, giving them his black messenger bag, which contained a laptop computer, an iPad, an iPhone, and headphones. The bag also contained important documents including Mendoza‟s passport and his disability application paperwork. The men also took Mendoza‟s wallet and watch. They got in the car and were laughing as they drove off.