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In re Titus M.

California Court of Appeals, Second District, Third Division
Mar 25, 2008
No. B200210 (Cal. Ct. App. Mar. 25, 2008)

Opinion


In re TITUS M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. TITUS M., Defendant and Appellant. B200210 California Court of Appeal, Second District, Third Division March 25, 2008

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of Los Angeles County, Super. Ct. No. TJ15725, Charles Q. Clay, III, Judge.

Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

ALDRICH, J.

Titus M. appeals from the order continuing wardship (Welf. & Inst. Code, § 602) entered following the juvenile court’s finding he committed robbery (Pen. Code, § 211) and two counts of attempted robbery (Pen. Code, §§ 664 & 211). The juvenile court ordered Titus M. placed in camp community placement for six months. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Facts.

a. The prosecution’s case.

At approximately 3:15 p.m. on January 3, 2007, Rosana M. was walking with her friend, Nancy C., near the intersection of Slauson and Eighth Avenue in Los Angeles. The two girls were approached by two men. Rosana had never seen either of the two men before. One of the men was wearing a white shirt and the other was wearing an “orange or brown” shirt. The man in the white shirt told the other man to “get the money.” He then hit Rosana in her left cheek with a closed fist while the man in the orange shirt took her purse. After taking the purse, the two men ran behind some buildings.

Rosana M. described the man in the white shirt to a police officer. She stated he was approximately five feet, six inches to five feet seven inches tall and weighed approximately 150 pounds. Rosana M. was shown a “six-pack,” or group of six photographs. After viewing the photographs for approximately 15 seconds, she selected a photograph of Titus M. as that of the man who had hit her in the face. Rosana M. was certain that the man she selected from the group of photographs was the man who had hit her. Although the incident lasted for only approximately three seconds, she was “eye to eye” with the two men and “got a good look at their face[s].” At trial, Rosana M. identified Titus M. as the man who had hit her. She was 95 percent “certain” that he was the “same guy.”

Nancy C. was with Rosana M. on the afternoon of January 3, 2007. The two girls were walking home after going to a mall when “two guys popped out” from behind a fence. One of the men was wearing a “goldish sweater” and Jeans and the other man was wearing jeans and a white shirt. During the incident, Nancy C. was standing behind the two men. From that vantage point, she saw one of the men hit Rosana M. and the other grab her purse. She could not, however, remember which man had done what.

Los Angeles Police Officer Chris Kliever (Kliever) interviewed Rosana M. on February 8, 2007. After admonishing Rosana M., Kliever showed her a “six-pack of photos.” After approximately five seconds, Rosana identified a photograph of Titus M. and indicated that he was the individual who had hit her.

At approximately 3:30 p.m. on February 7, 2007, Jose C. and his friend, Alex V., were in the area near 54th Street and 11th Avenue in Los Angeles. As the two were walking, two men ran toward them. One of the men hit Alex D., knocking him to the ground. The other man “punched [Jose C.] from the back,” knocking him down. A third man, Titus M., then walked up, asked Jose C. if he had a cell phone, then began going through Jose C.’s pockets. When Jose C. told Titus M. that he “didn’t have anything,” Titus C. backed up and started to walk away. The other two men also left the area. As a result of the incident, Jose C. suffered a scrape to his knee and a bruise on the side of his head. Jose C. identified Titus M. at the court proceeding and indicated that he knew Titus M. because they had been in a French class together at school.

On the afternoon of February 7, 2007, Alex V. was walking with Jose C. Someone “socked [Alex V.] in the head,” knocking him into a gate. Alex V.’s “vision got blurry” and he fell to the ground. He did, however, see Titus M. approach him. Alex V. recognized Titus M. because they had gone to the same middle school. Someone went through Alex V.’s pockets, but Alex V. could not see who it was. By the time Alex V. was able to stand up, Titus M. and the others had left the area.

b. Defense evidence.

Rashaud H. testified that, at approximately 2:00 p.m. on January 3, 2007, he went to Titus M.’s house. The two were planning to go play basketball. Rashaud H., Titus M., Titus M.’s brother, Terrence, and some other young men drove to Westchester Park where they played basketball until approximately 5:15 or 5:30.

Titus M. testified that he had spoken to police and told them that he knew nothing about a young woman being robbed. On the afternoon of January 3, 2007, Titus M. had been playing basketball with some friends at Westchester Park. Titus M. is six feet, three inches tall and weighs approximately 230 pounds.

2. Procedural history.

In a Welfare and Institutions Code section 602 petition filed on February 14, 2007, it was alleged in count one that on or about January 3, 2007, Titus M. committed second degree robbery of Rosana M. in violation of Penal Code section 211. In counts two and three it was alleged that on or about February 7, 2007, Titus M. committed attempted second degree robbery of Jose C. and attempted second degree robbery of Alex V. in violation of Penal Code sections 664 and 211.

Following a dispositional hearing held on April 26, 2007, the juvenile court found that Titus M. had committed the alleged offenses. The juvenile court ordered Titus M. to remain a ward of the court, terminated a previous order placing Titus M. at home on probation and ordered Titus M. placed in Camp Community Placement for a period of six months. The juvenile court ordered that Titus M. was “not to contact or cause any contact with nor associate with any of the victims or witnesses of any of the offenses alleged against [him]” or to have any “dangerous or deadly weapons in [his] possession.” In addition, he was ordered to “[m]ake reparation on all related losses as determined by the Probation Officer” and to “[m]ake restitution to the Restitution Fund in the amount of $100.” Titus M. was awarded predisposition credit for 73 days.

Titus M. filed a timely notice of appeal on June 15, 2007.

This court appointed counsel to represent Titus M. on appeal on September 27, 2007.

CONTENTIONS

After examination of the record, counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.

By notice filed November 29, 2007, the clerk of this court advised Titus M. to submit within 30 days any contentions, grounds of appeal or arguments he wished this court to consider. No response has been received to date.

APPELLATE REVIEW

We have examined the entire record and are satisfied Titus M.’s counsel has complied fully with counsel’s responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284; People v. Wende (1979) 25 Cal.3d 436, 443.)

DISPOSITION

The order continuing wardship is affirmed.

We concur: KLEIN, P. J., CROSKEY, J.


Summaries of

In re Titus M.

California Court of Appeals, Second District, Third Division
Mar 25, 2008
No. B200210 (Cal. Ct. App. Mar. 25, 2008)
Case details for

In re Titus M.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. TITUS M., Defendant and Appellant.

Court:California Court of Appeals, Second District, Third Division

Date published: Mar 25, 2008

Citations

No. B200210 (Cal. Ct. App. Mar. 25, 2008)