In re M.T. CA2/4

Filed 3/25/24 In re M.T. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

In re M.T., a Person Coming B327856 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. NJ30388) THE PEOPLE,

Plaintiff and Respondent,

v.

M.T.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John C. Lawson II, Judge. Affirmed. Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Appellant M.T. was charged with second degree robbery as a juvenile under Welfare and Institutions Code section 602.1 The juvenile court found the allegation true, deemed M.T. a ward of the court, and placed him on probation with an order that included a curfew of 8:00 p.m. unless M.T.’s mother “[k]nows where you are and who you are with.” On appeal, M.T. asserts his counsel was ineffective for failing to object to the curfew condition. We find no error and affirm. FACTUAL AND PROCEDURAL BACKGROUND The People filed a petition under section 602 alleging that M.T., age 17 at the time of the offense, committed attempted second degree robbery, a felony, by attempting to take personal property from A.G. by means of force or fear. (Pen. Code, §§ 211, 664.) The case proceeded to a trial. A.G., age 15, testified that on March 31, 2022 he was at a park near his high school with his friends A.R. and M. Three people, including M.T., began to approach A.G. and his friends; A.G. handed his phone to M. One person (not M.T.) pulled out a knife, and with the blade closed, held the knife to A.G.’s abdomen. He told A.G. to hand over any valuables, and said if A.G. moved, he would open the knife’s blade and cut him. M.T. and the third person approached A.G. from behind; they also told A.G. to give them any valuables. The three people felt A.G.’s pockets. M.T. and the third person moved to A.G.’s backpack, which was on the ground nearby, and searched the backpack, taking out A.G.’s books and pencils. The three people took a blue