Opinion
E043447
4-18-2008
In re JESSE P., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. JESSE P., Defendant and Appellant.
Kenneth H. Nordin, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Steve Oetting, Supervising Deputy Attorney General, and Robin Derman, Deputy Attorney General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED
The juvenile court found that minor and appellant Jesse P. (minor) had committed a robbery. Minor appeals contending that the evidence was insufficient to sustain the finding. We affirm.
FACTS AND PROCEDURAL HISTORY
Stephan Johnson, the victim, was at home on August 12, 2006. His 10-year-old brother Matthew was also at home. Their mother and grandmother, with whom they lived, were not at home. Matthew was playing in the backyard when Johnson heard him yell, "Get out. Get out. Get out."
Johnson saw Steven Vargas and his friends "coming around." Johnson asked them to leave, but they came into the house anyway. Two or three of the boys went into Johnsons bedroom and started "touching my stuff." Johnson remembered that Vargas, Joshua Acevedo, and "this guy named Jesse" had come into his bedroom. Johnson had met "Jesse" before, but at the time of trial could not remember his face. Johnson was unable to identify minor, Jesse P., in court.
Another boy, Nicholas Vasquez, and perhaps one other, stayed in the living room with Johnsons brother, playing the piano.
Vargas started grabbing Johnsons video game equipment. Johnson told Vargas, "Let go because, you know, you already took two of my PS2s already." Vargas grabbed another video game machine, and handed it to Jesse. Johnson tried to grab the machine back, but Vargas punched him in the chest and the eye, knocking Johnson unconscious. Johnson awoke, dazed, and went out into the neighborhood to look for his video game.
On cross-examination, Johnson admitted that he thought he saw Vargas hand the video game machine to Jesse, but "right now everything is like a blur right now." He ultimately could not remember whether or not Vargas had handed the machine to Jesse.
Nicholas Vasquez testified that he went to Johnsons house on August 12, 2006, with Vargas, Acevedo, a friend called "K.Z.," and Jesse. Vasquez testified that Johnson went into his bedroom, followed by Vargas and Jesse, while he and Acevedo stayed in the living room playing the piano. He claimed that Johnson came out of the bedroom and gave them something to drink before returning to his bedroom. A few minutes later, Vargas came out from the hall and went outside. Vargas was walking quickly, "not running but like not walking either." Vasquez and the others followed him outside. Jesse followed, on the opposite sidewalk. Vasquez identified minor as "Jesse," who had been with Vargas, Vasquez and the others on that day at Johnsons house.
Vasquez and Acevedo ran to catch up with Vargas. Vargas went home. Vasquez did not see Vargas carrying anything. Later, he saw minor across the street. Minor appeared to be holding something, attempting to hide something behind the house across the street from Vargass home.
The neighbor across the street from Vargass house testified that he found a video game machine outside his house.
Minor testified that he had gone to Johnsons house on the date of the theft, with Vargas and three other boys. Minor denied going into Johnsons bedroom. Johnsons little brother had let them in the back door, but Johnson was telling them to get out. Minor testified that he stood outside, near the back sliding glass door, while Johnson and some of the other boys wrestled. He admitted, however, that he had gone inside the house, but only as far as the living room. Vasquez approached minor and handed him a video game machine, "and asked if I wanted to go with him to take it somewhere, put it in my hand." Minor testified that he "refused and gave it to him back." The last that minor saw, Vasquez was the one who had the video game machine.
A police officer interviewed the neighbor across the street from Vargass house. The neighbor reported that the video game machine "was given to him by one of the kids."
The court found true the allegation that minor committed a first degree residential robbery.
Minor appeals.
ANALYSIS
The Evidence Was Sufficient to Sustain the True Finding
Minors sole contention on appeal is that the evidence was insufficient to support a finding that he committed the robbery.
The appellate court must determine whether a reasonable trier of fact could have found the prosecution sustained its burden of proving the defendant guilty beyond a reasonable doubt. (People v. Carter (2005) 36 Cal.4th 1114, 1156.)
Welfare and Institutions Code section 701.1 provides that an accused minor may move to dismiss at the close of the prosecutions case. This section parallels Penal Code section 1118.1. The rules and procedures applicable to Penal Code section 1118.1 thus apply to Welfare and Institutions Code section 701.1. (In re Anthony J. (2004) 117 Cal.App.4th 718, 727.) Accordingly, where minor has made such a motion below, the reviewing court considers only the evidence introduced at the time the motion was made. (Id. at p. 730.)
Minor argues that the evidence only demonstrated that he was at the place where the robbery occurred and near the place where the stolen property was located. We disagree.
Vargas, minor, and others entered the Johnson residence, ignoring the requests by the occupants to leave. Johnson testified at first that he saw Vargas take the video game machine and hand it to "Jesse." Vargas maintained possession of the video game machine by hitting Johnson hard enough to knock him unconscious. Although Johnson was later unsure whether he actually saw Vargas give the video game machine to minor, his testimony clearly established that minor was in the room when the property was taken by force. Vargas and minor ran from the room.
Vasquezs testimony clarified that minor was the person named "Jesse" who was present in Johnsons bedroom. First, Vargas came out quickly and went outside, followed by Vasquez and Acevedo. Vasquez saw minor on the other side of the street, apparently carrying something, which minor later secreted behind the neighbors house. The neighbor found the video game machine outside his house.
From this evidence, a reasonable trier of fact could conclude beyond a reasonable doubt that minor was an active participant in the robbery: The taking of personal property (the video game machine) of another, from his person or immediate presence, by means of force or fear. (Pen. Code, § 211.)
DISPOSITION
The judgment is affirmed.
We concur:
RICHLI, J.
GAUT, J. --------------- Notes: Transferred for disposition from Los Angeles County.