In re E.C.
Filed 9/2/09 In re E.C. CA5
(File date corrected per attached modification order)
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
In re E.C., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. E.C., Defendant and Appellant. | F057372 (Super. Ct. No. 08CEJ601105-1R) OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County.
David C. Kalemkarian Judge.
Michael Allen, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
-ooOoo-
______________________
*Before Wiseman, A.P.J., Cornell, J. and Hill, J.
August 4, 2008, Rogelio Vasquez was walking back from a store located across the street from his home when A.V., C.C., and appellant, E.C. approached him. The trio asked him for money. After Vasquez said he did not have any, C.C. pulled out a gun, put it to Vasquezs chest, and again asked for money. Vasquez repeated that he did not have any and C.C. told appellant to take away the things[.] Appellant searched Vasquezs pockets and took a cell phone, wallet, and some chips from him. The three juveniles then left on bicycles but were detained at a residence not far from where the robbery occurred. The cell phone and wallet were located by a police canine during a search of the residences backyard.
On September 23, 2008, the district attorney filed a petition charging appellant with robbery (Pen. Code, 211) and an arming enhancement (Pen. Code, 12022 (a)(1)).
On January 28, 2009, following a contested hearing, the court found the allegations of the petition true.
On March 7, 2009, the court set appellants maximum term of confinement at six years and committed him to the Elkhorn Correctional Facility Delta Program for a period not to exceed 365 days.
Appellants appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this courts invitation to submit additional briefing.
Following independent review of the record, we find that no reasonably arguable factual or legal issues exist.
The judgment is affirmed.
Filed 9/8/09
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.
IN THE
COURT OF APPEAL OF THE STATE OF CALIFORNIA
IN AND FOR THE
FIFTH APPELLATE DISTRICT
In re E.C., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. E.C., Defendant and Appellant. | F057372 (Super. Ct. No. 08CEJ601105-1R) Modification of Opinion [No Change in Judgment] |
BY THE COURT:
The opinion in the above entitled action which has an erroneous file stamp date of September 1, 2009, is modified as follows:
1. In the filing stamp on the first page of the opinion, the date Sep 01 2009, is deleted and the date Sep 02 2009, inserted in its place, so that the filing stamp establishes that the opinion was filed on September 2, 2009, which was in fact the date it was filed.
Publication courtesy of California pro bono legal advice.
Analysis and review provided by La Mesa Property line attorney.
