Opinion
B230749 Super. Ct. No. TJ 19076
08-11-2011
In re Z.J., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. Z.J., Defendant and Appellant.
Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from an order of the Superior Court for the County of Los Angeles. Catherine J. Pratt, Juvenile Court Referee. Affirmed.
Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
SUMMARY
In this delinquency case, the juvenile court found allegations that the minor, Z.J., committed the crime of second degree robbery to be true. Z.J. appealed. His court-appointed counsel filed a brief requesting this court's independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Our review of the record shows no arguable issues, and we affirm the judgment.
FACTS
The district attorney filed a petition alleging that Z.J., then 15 years old, came within the provisions of Welfare and Institutions Code section 602, in that he committed second degree robbery, a felony. (Pen. Code, § 211.) Z.J. denied the allegations.
The evidence adduced at the hearing showed that Z.J. pulled the victim, an unidentified older man, off his bicycle and then ran away with the bicycle. A witness, Joseph Turton, who was driving in the area, testified that he saw Z.J. "kick down a guy off his bicycle, an older guy. And when the guy fell on the ground, you know, I saw him when he was bringing him down on the ground." Z.J. "picked up the bike and tried to run with it." Z.J. was "running with the bike, trying to get up on it." Turton followed him, "driv[ing] [his] car up the curb." Then Z.J. "dropped the bike and he took off." Turton followed him and called 9-1-1. The police arrived very quickly. Turton saw Z.J. running, saw him "jump[] the fence at the school," and saw the police catch him. Turton also saw the victim pick up the bicycle after Z.J. dropped it, but did not see where the victim went. Turton identified Z.J. as the person who threw the victim off his bicycle.
Los Angeles Police Officer Jason Cook, who with his partner responded to the 911 call, testified about the circumstances of Z.J.'s arrest. Cook took Z.J. to the police station and advised him of his Miranda rights. (Miranda v. Arizona (1966) 384 U.S. 436.) Z.J. declined to talk to the police. Z.J. made a telephone call, at the police station and in Cook's presence, to his mother. Cook heard Z.J. say, "'I tried to get a fool for his bike.'" The court overruled defense counsel's objection (on grounds of hearsay, corpus delicti, and inadequate foundation) to the admission of Z.J.'s statement to his mother.
Defense counsel moved to dismiss the petition based on insufficient evidence of the elements of the offense of robbery. The court denied the motion, finding the allegations were true and the charge was a felony. The court placed Z.J. on house arrest pending disposition of the case, indicating that if Z.J. followed the rules on house arrest, the court would place him home on probation. A month later, the court took Z.J. off house arrest, but kept the disposition open, and a month after that, placed Z.J. home on probation.
Z.J. filed an appeal. Z.J.'s appointed counsel filed a Wende brief setting forth the facts and requesting our independent review of the record. Counsel advised Z.J. of his right to file a supplemental brief with the court within 30 days, and sent Z.J. the transcripts of the record on appeal and a copy of counsel's Wende brief. No supplemental brief or letter has been received.
DISCUSSION
We have undertaken a review of the entire record in this case and have found no arguable issues. The Penal Code defines robbery as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." (Pen. Code, § 211.) It is clear that the evidence presented to the juvenile court was sufficient to allow the court to conclude beyond a reasonable doubt that Z.J. committed the crime charged in the petition.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
GRIMES, J.
WE CONCUR:
BIGELOW, P. J.
FLIER, J.