In re Rafael Z. CA1/5

Filed 6/21/13 In re Rafael Z. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re RAFAEL Z., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, A137724 v. (Contra Costa County RAFAEL Z., Super. Ct. No. J12-01599) Defendant and Appellant.

Appellant Rafael Z. was found by the juvenile court to have committed a second degree robbery (Pen. Code, § 211, 212.5, subd. (c)).1 He was placed at a youth ranch facility, but absconded from that facility the following day. He later admitted a probation violation resulting from that escape and was ordered detained in a different youth facility. Rafael has filed a timely notice of appeal from both the jurisdictional and dispositional orders. Assigned counsel has submitted a Wende2 brief, certifying that counsel has been unable to identify any issues for appellate review. Counsel also has submitted a declaration confirming that Rafael has been advised of his right to personally file a supplemental brief raising any points which he wishes to call to the court‟s attention. No

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 People v. Wende (1979) 25 Cal.3d 436.

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supplemental brief has been submitted. As required, we have independently reviewed the record. (People v. Kelly (2006) 40 Cal.4th 106, 109–110.) We find no arguable issues and therefore affirm. I. BACKGROUND The Jurisdictional Hearing Jurisdictional hearings were held in the juvenile court on December 13 and December 24, 2012, and the following evidence adduced: On November 17, 2012, at about 10:00 a.m., 14-year-old Juan was walking home with two shopping bags of clothing he had just purchased. An older blue Honda pulled to the curb in front of him and Rafael‟s codefendant, Jesus C., exited the car, said something to Juan about “talking shit.” Juan saw Rafael exit the car sometime after Jesus. Jesus demanded that Juan empty his pockets. Jesus punched Juan, knocking him to the ground, while someone that Juan believed was Rafael rifled through Juan‟s pockets. Rafael and Jesus took Juan‟s cell phone, knife, a photo of his girlfriend, hat, and the bags of clothing. Rafael and Jesus then returned to the vehicle and drove away towards Detroit Avenue in Concord, California. Juan walked home, called the police and provided the officers with a description of his attackers. He told the investigating officer that one of the people who robbed him was known as “Stomper” or “Little Stomper.” The officer retrieved a photograph of Rafael from a police database based on the moniker, and Juan identified the photograph as “Stomper.” At about 11:45 a.m., Rafael and Jesus were stopped by the Concord police walking on the street approximately one street over from the scene of the robbery. Juan was brought to the scene and identified both Jesus and Rafael as the people who robbed him. A greenish-gray folding knife was found on Rafael‟s person. Juan told the investigating officers that Rafael was the one that had told him to empty his pockets, and that Rafael had used the knife in the robbery, holding it in his left hand. At trial, Juan admitted that the knife was his, and said that it had been taken from his pocket during the