Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Kern County. Super. Ct. No. JW115752-03 Louie L. Vega, Judge.
Lauren E. Dodge, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
OPINION
Before Wiseman, Acting P.J., Dawson, J., and Hill, J.
On November 6, 2009, Humberto Flores, Pedro Delatorre, and Gabriel Rodriguez were playing soccer at a park in Kern County when appellant, R.F., L.G., and Pilar Segura began yelling at them. Appellant and his two friends walked towards Flores and his friends and asked for money. When Flores told them he did not have any, L.G. produced a knife and demanded that they give him money. Flores reiterated that they did not have any money. He was then kicked in the stomach and punched. After Flores fell to the ground, appellant and his friends began kicking him. L.G. then had Rodriguez empty the contents of his pockets, including a pack of cigarettes and a lighter, into the hands of one of his cohorts. Afterwards, appellant and Segura rode away from the park on bicycles and L.G. joined a group of people under an awning.
The victims flagged down a sheriff’s deputy who walked to the group under the awning and detained L.G. He found a knife near where he had seen L.G. hiding a short time earlier.
Appellant and another male were detained later that day. During an infield line up, two of the victims identified appellant as one of the robbers. Both appellant and L.G. admitted they were members of a local gang.
On November 10, 2009, the district attorney filed a petition charging appellant with robbery (count 2/Pen. Code, § 212.5, subd. (c)), being a member of a street gang (count 4/Pen. Code, § 186.22, subd. (a)), violating his probation (count 5/Welf. & Inst. Code, § 777, subd. (a)(2)), and two counts of attempted robbery (counts 1 & 3/Pen. Code, §§ 664 & 212.5, subd. (c)). Counts 2 and 3 also alleged a gang enhancement (Pen. Code, § 186.22, subd. (b)(1)).
On December 1, 2009, appellant admitted counts 2 and 5 in exchange for the dismissal of the remaining counts and enhancements.
On December 17, 2009, the court committed appellant to the Division of Juvenile Justice.
Appellant’s appellate counsel has filed a brief, which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.