Opinion
D075824
10-31-2019
In re K.S., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. K.S., Defendant and Appellant.
Matthew R. Garcia, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. J239112) APPEAL from a judgment of the Superior Court of San Diego County, Ana L. España, Judge. Affirmed. Matthew R. Garcia, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL BACKGROUND
On March 1, 2019, Andi T. was working at his pizza restaurant. When he went next door to buy cigarettes, he observed K.S. and Tejon Smith trying unsuccessfully to buy cigarettes. Andi walked back to the front of his restaurant where he smoked a cigarette and checked his cellphone. As he did so, K.S. and Smith approached him. One of them showed Andi a gun and began digging through Andi's pockets.
Andi fell to the ground and yelled for help as K.S. and Smith continued digging in his pockets. Two employees of the liquor store came out, one of them with a baseball bat. K.S. and Smith ran off. A witness recorded the incident with her cell phone. It was discovered afterward that Andi's wallet and cell phone were missing.
Deputy Sheriff Kyle Stark responded to the scene several minutes later. A witness assisted in describing where K.S. and Smith had fled. Other residents assisted in pointing out where the two were heading and the deputy radioed for assistance. After a foot chase, K.S. and Smith were eventually caught. Andi was transported to the location of the arrest and identified K.S. and Smith as the men who robbed him. In a search of the areas where K.S. and Smith fled and hid, officers found two sweatshirts. Andi's cell phone, wallet, and cash were not found.
A juvenile wardship petition alleged K.S. committed one count of robbery in violation of Penal Code section 211. Following an adjudication hearing that commenced on April 10, 2019, count 1 was found true. K.S. presented no evidence in his defense. K.S. was declared a ward of the court under Welfare and Institutions Code section 602. The juvenile court placed K.S. on probation with terms and conditions, including completion of 40 hours of community service, attendance at school, and a curfew. He filed a timely notice of appeal.
DISCUSSION
Appointed counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal. He asks this court to review the judgment in accord with People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 (Anders). Pursuant to Anders, counsel lists as a possible but not arguable issue whether there was sufficient evidence to prove K.S. took any property during the altercation with Andi, such that a robbery was not committed.
We conducted an independent review of the record including consideration of the Anders issue. We granted K.S. the opportunity to file a brief on his own behalf. He has not done so. Our review did not disclose any reasonably arguable appellate issue. K.S. has been competently represented by counsel in this appeal.
DISPOSITION
The judgement is affirmed.
BENKE, Acting P. J. WE CONCUR: O'ROURKE, J. AARON, J.