In re Jonathan M.
Filed 7/28/08 In re Jonathan M. CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
In re JONATHAN M., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent; JONATHAN M., Defendant and Appellant. | E045321 (Super.Ct.No. J219172) OPINION |
APPEAL from the Superior Court of San Bernardino County. Michael A. Knish, Temporary Judge. (Pursuant to Cal. Const., art. VI, 21.) Affirmed.
Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In a new petition filed January 11, 2008, the minor was charged pursuant to Welfare and Institutions Code section 602 with one count of second degree robbery. (Pen. Code, 211.)
A joint trial for defendant and the codefendant was heard on January 28, 2008. The court sustained the petition, and the minor was made a ward of the court, released to the custody of his mother, and given credit for time served.
Statement of facts
Alfred V., a student at Arroyo Valley High School, left school on January 9, 2008 with a friend by exiting through a rear gate bordering Baseline. Outside the gate three males approached with the words West Side Verdugo Crazy Ones being heard. The three males stood four feet from Alfred V. One of the males identified as defendant, held out a knife. Someone told Alfred V. that if we didnt empty our pockets, they were going to kill us.
Alfred V. removed a few dollars and a cell phone from his pocket throwing the money to the ground. Defendant told him to give up the cell phone and Alfred V. complied. Codefendant told Alfred V. he was armed with a gun (strap).
Another witness, Talon W. exited the school with Alfred V. when they were approached by three males saying the gang words Crazy Ones. One had a knife and Alfred V. and Talon W. were told to give up your stuff. Alfred V. gave defendants $3.00 and the victims ran. Talon W. identified defendant as the one with the knife and the codefendant saying he was strapped.
Maisha Orange, a parent of a student at Arroyo Valley High School, was parked on Baseline waiting to pick up her daughter, when she saw three males by the gate wearing heavy coats and acting load and obnoxious. When two kids exited the gate, she saw a male open his coat as if to display something. One of the exiting kids dropped an object to the ground and ran. Ms. Orange saw the object and it was money. The person who opened his coat, identified as defendant, placed something behind the fence. Ms. Orange called the school.
City of San Bernardino school police officer Steven Nelson responded to a broadcast of a fight by the Arroyo Valley High School rear gate. After interviewing Ms. Orange, a fellow officer located a folding knife on the ground. At a subsequent show-up Alfred V. identified defendant and the codefendant.
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P.J.
We concur:
HOLLENHORST
J.
GAUT
J.
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