In re M.S. CA2/6

Filed 2/21/23 In re M.S. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re M.S., a Person Coming 2d Juv. No. B315690 Under the Juvenile Court Law. (Super. Ct. No. YJ40570) (Los Angeles County)

THE PEOPLE,

Plaintiff and Respondent,

v.

M.S.,

Defendant and Appellant.

M.S. appeals a judgment of the juvenile court declaring him a ward of the court pursuant to Welfare and Institutions Code section 602, and ordering the Department of Children and Family Services to find suitable placement. This appeal involves M.S.’s acts in aiding and abetting the robbery of a bus passenger of his cellular telephone and wallet. Surveillance cameras captured M.S.’s actions during the robbery and the videotapes were viewed by the juvenile court during

adjudication. M.S. now raises an evidentiary challenge to the testimony of Los Angeles Police Detective Kelly Edwards describing M.S.’s conduct in the videotapes. We reject M.S.’s contentions and affirm. FACTUAL AND PROCEDURAL HISTORY On July 22, 2021, the prosecutor filed a Welfare and Institutions Code section 602 petition alleging that M.S. committed second degree robbery against A.V. (Pen. Code, § 211.)1 On May 18, 2021, A.V. watched a soccer game on his cellular telephone as he rode a bus in Los Angeles. Three or four men approached A.V. and one man asked to borrow A.V.’s telephone to make a call. A.V. refused the request and placed the telephone in his pants pocket. The three men then grabbed A.V., pulled him from the bus, and forcibly took his telephone and wallet. A.V. suffered an arm injury during the incident. The men then ran away. At the adjudication, A.V. initially identified M.S. as one of his assailants. He later equivocated, however, and said that his identification might be mistaken. Edwards’s Testimony Detective Edwards, a police officer for 20 years, investigated the robbery. He watched the videotapes from the bus’s surveillance cameras. He recognized M.S. in the videotape. As the bus approached a stop, M.S. left his seat and stood in the aisle holding two handrails while three men approached A.V. M.S. left the bus while holding his hand to his ear or face and appeared to watch the altercation behind him. The videotape