Opinion
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of Los Angeles County No. PJ34936, Morton Rochman, Judge.
Bruce G. Finebaum, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
MANELLA, J.
J.S. appeals from an order of wardship pursuant to Welfare and Institutions Code section 602 following the finding he committed second degree robbery (Pen. Code, § 211). Custody of the minor was taken from his parents, he was placed in the camp community placement program for nine months, and a maximum term of physical confinement was set at five years.
The evidence at the adjudication hearing established that on June 1, 2008, at approximately 11:40 p.m., Jose Melendez was walking home in the vicinity of Truro Avenue in Los Angeles when he saw five boys in and around a light-colored car in the parking lot of the residence in which Melendez lived. Melendez talked to appellant, who was one of the boys, and told him to move. After Melendez threatened to call the police, appellant punched Melendez in the nose and grabbed his cell phone. Appellant left in a car. Mr. Melendez was too frightened to try to stop him.
Appellant testified he did not take Mr. Melendez’s cell phone or hit him, was not involved in the robbery, and did not see it happen. Appellant is a member of the Lennox 13 gang and was “pretty sure” the other individuals who “got caught” were his “homies,” but appellant did not know them. Los Angeles County Deputy Sheriff Michael Vargas Machuca responded to the site of the robbery and spoke to Mr. Melendez. Mr. Melendez described the vehicle that was involved in the robbery and was parked in Lennox Park, directly across the street. Deputy Machuca entered the park and attempted to contact the occupants of the vehicle. Once the occupants saw the deputy’s patrol vehicle, four of the individuals exited their car and ran through the park. The driver exited, climbed over a fence, and ran into some houses. The deputy identified appellant as one of the individuals who ran from the car and recognized him as a member of the Lennox 13 gang.
After review of the record, appellant’s court-appointed counsel filed an opening brief requesting this court to independently review the record pursuant to the holding of People v. Wende(1979) 25 Cal.3d 436, 441.
On February 9, 2009, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that no arguable issues exist and that appellant has, by virtue of counsel’s compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the order entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The order is affirmed.
We concur: EPSTEIN, P. J. SUZUKAWA, J.