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In re Alvin W.

In re Alvin W.
07:17:2006

In re Alvin W.



Filed 7/13/06 In re Alvin W. CA4/2



NOT TO BE PUBLISHED IN OFFICIAL REPORTS





California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FOURTH APPELLATE DISTRICT



DIVISION TWO















In re ALVIN W., a Person Coming Under the Juvenile Court Law.




THE PEOPLE,


Plaintiff and Respondent,


v.


ALVIN W.,


Defendant and Appellant.



E039109


(Super.Ct.No. J200469)


OPINION



APPEAL from the Superior Court of San Bernardino County. Margaret A. Powers, Judge. Affirmed.


Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant.


Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, and Stephenie H. Chow, Deputy Attorney General, for Plaintiff and Respondent.


Appellant Alvin W. (Alvin) challenges the juvenile court's true finding that he committed robbery. Specifically, Alvin contends there was insufficient evidence to establish that the property was taken from the victim by means of force or fear. As discussed below, we conclude that sufficient evidence supports the true finding, and therefore affirm.


Statement of Facts and Procedure


On March 30, 2005, Alvin was declared a ward of the court and placed at home on probation. The juvenile court had found true the allegation that Alvin committed the offense of grand theft person. (Pen. Code, § 487, subd. (c).)[1] Alvin admitted that he had gotten out of a car in which he was a passenger, approached an 11-year-old boy standing on a street corner and demanded his cell phone, took the cell phone and returned to the car, which drove off.


On August 25, 2005, around 8:00 p.m., Aaron Jacobs, Jeff Janelle, and three younger friends were leaving a skate park in Apple Valley. Alvin and two other minors blocked the gate; one of the minors asked the group where they were going. Aaron's group said they were going home. One of the minors with Alvin said, no, â€





Description A decision regarding robbery and grand theft person.
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