In re Joshua T.
Filed 8/23/12 In re Joshua T. CA2/3
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IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
THREE
In re Joshua T., a Person Coming Under the Juvenile Court Law.
B236994
(Los Angeles
County
Super. Ct.
No. FJ48853)
THE PEOPLE,
Plaintiff and Respondent,
v.
Joshua T.,
Defendant and Appellant.
APPEAL from
an order of the Superior Court
of
County, Cynthia Loo, Juvenile Court Referee. Affirmed.
Susan L.
Ferguson, under appointment by
the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
Joshua T.
appeals from the order of wardship (Welf. & Inst. Code, § 602) entered as a
result of the juvenile court’s finding he committed
§ 211). The court placed Joshua T.
at home on probation. We affirm the
juvenile court’s order.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
a. The
prosecution’s case.
At
approximately 2:00 p.m. on March 27, 2011, Alma Cardona was
walking down the street near the intersection of 41st
Street and Central Street
in Los Angeles. Approximately a block in front of her, she
saw Joshua T. with some of his friends.
Cardona crossed the street, to walk toward her home.
Seventeen-year-old
Joshua T. approached Cardona and “roughly†attempted to pull from her neck her
$1,500 three-colored gold chain. The two
struggled for approximately a minute and a half and “there was a lot of pulling
and tugging.†Cardona then slipped, the
chain came off of her neck and she dropped her bag. Joshua T. pushed Cardona on the
shoulder, knocking her to the ground, took the chain, grabbed her bag and ran
up the street. Cardona, who was afraid,
started screaming.
Some men came out of their nearby
house and, along with Cardona followed Joshua T. to his home. Cardona saw Joshua T. run inside the
house. As he was running, Cardona never
lost sight of Joshua T.
Cardona called the police and, when
the officers arrived approximately 10 minutes later, they had Joshua T., a friend
who had accompanied him, his mother and his brother come out of the house. Police officers then had Cardona view Joshua
T., his friend and his brother. She
identified Joshua T. as the young man who had taken her chains and bag.
Johnny Murrillo was in his house at
approximately 2:00 p.m. on March 27, 2011. He heard someone yell for help and, when he
looked out, he saw Cardona in the area of 41st Street
and Central Street. “[Joshua T. was] grabbing something from her
neck†and Murillo went out to investigate.
Joshua T. “did . . . eventually take something from [Cardona’s] neck,â€
then started to run down the street.
Murillo, Cardona and a third individual followed Joshua T. until he ran
into his house.
When police officers arrived a
short time later, they went into the house and brought Joshua T. outside. Although Joshua T. was wearing different
clothes, when the officers asked Murillo if Joshua T. was the individual he had
seen take the chains from Cardona, Murillo told them, “Yes.â€
b. Defense
evidence.
W. H. is Joshua T.’s mother. On the afternoon of March 27, 2011, W.H. was standing in the front
door to the house when she saw Joshua T., his brother and a friend get out of a
car. Joshua T. walked into the house and
went to his room.
Approximately five to ten minutes later, W.H. received a telephone call
from her brother, who lives next door to her.
W.H.’s brother told W.H. that there were police officers outside and that
she, Joshua T. and anyone else in the house was to come out with their hands
up. W.H., Joshua T., his friend and his
brother cooperated and came out of the house.
While W.H. sat on the porch, the police officers handcuffed Joshua T.
and his brother, then searched them.
An officer asked W.H. if they could
search the house. She at first told him
that she did not want police officers in her house unless she was inside with
them. However, when the officer
indicated that they “needed to search the house without [her,]†W.H. gave them
permission to go inside. Approximately
three officers then entered the house while a fourth stood out on the porch.
After a few minutes, W.H. “started
feeling antsy†and she “walked into [her] home.†The police were in Joshua T.’s and his
brother’s room. They asked W.H. “whose
bed was [whose]†and “whose drawers were [whose.]†They started picking up the boys’ clothing
and going through their pockets. After
they searched the boys’ room, the officers “just kind of looked around the
house,†then left.
After the police had arrested
Joshua T. and his brother, W.H. and her daughter went to the police
station. There, officers arrested W.H.’s
daughter as well. Before Joshua T. had
taken Cardona’s chains, there had apparently been a “confrontation†going on
down the street in which W.H.’s daughter had been involved.
When he spoke to his mother about
the event, Joshua T. did not tell her that “the chain[s] [had been] snatched
from a Hispanic.†He did tell his mother
that, at the police station, he had written out a confession.
2.
Procedural history.
In a petition filed on May 26, 2011 pursuant to Welfare and
Institutions Code section 602, Joshua T. was charged with the crime of second
degree robbery in violation of Penal Code section 211.
Following an
2011, the juvenile court sustained the petition filed on May 26 and declared
Joshua T. a ward of the court. The court
placed Joshua T. at home on probation, with a number of conditions including
that he “obey the law, “obey instructions and orders of [his] parents,†“report
to probation as directed,†“let probation know if [he] move[s] or change[s]
[his] telephone number,†perform “60 hours of community service,†“go to
school,†“[d]o not be out of [his] residence between 7 p.m. and 6 a.m. except
with [his mother’s] consent,†and “do not associate with anyone known to be
disapproved of by [his] mother or probation officer.†In addition, Joshua T. was to have “no
alcohol,†“no drugs,†submit to “drug testing†and make “restitution to the
victim on all losses.†The juvenile
court also ordered Joshua T. “to stay away from the victim in this matter[,]
Alma Cardona,†and to attend “counseling [including ] a drug diversion
component.â€
On October 31, 2011, Joshua T.
filed a timely notice of appeal.
Counsel to represent Joshua T. on
appeal was appointed on January 28, 2012.
After examination of the record,
counsel filed an opening brief which
raised no issues and requested this court to conduct an independent review of
the record.
By notice filed May 24, 2012, the
clerk of this court advised Joshua T. to submit within 30 days any contentions,
grounds of appeal or arguments he wished this court to consider. No response has been received to date.
We have examined the entire record
and are satisfied counsel has complied fully with counsel’s
responsibilities. (Smith v. Robbins (2000) 528 U.S. 259, 278-284; People v. Wende (1979) 25 Cal.3d 436, 443.)
The order of wardship is affirmed.
J.
We concur:
CROSKEY, Acting P. J.
KITCHING, J.
