In re Anthony A.
Filed 6/13/06 In re Anthony A. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
| IN RE ANTHONY A., a Person Coming Under the Juvenile Court Law. | H029554 (Santa Clara County Super. Ct. No. J26434H) |
| THE PEOPLE, Plaintiff and Respondent, v. ANTHONY A., Defendant and Appellant. |
I. INTRODUCTION
Anthony A. appeals from the dispositional order in this juvenile proceeding. Following a contested jurisdictional hearing, the juvenile court sustained the allegation that Anthony had committed the crime of robbery in the second degree (Pen. Code, §§ 211, 212.5, subd. (c).)[1] Anthony was continued as a ward of the court and ordered to serve 120 days in the juvenile hall.
On appeal, Anthony challenges the sufficiency of the evidence to support the court's finding that force or fear was used to take the victim's property. For reasons that we will explain, we find the evidence to be sufficient and therefore we will affirm the judgment.
II. FACTUAL AND PROCEDURAL BACKGROUND
A. The Welfare and Institutions Code Section 602 Petition
On September 21, 2005, the People filed a petition under section 602 of the Welfare and Institutions Act alleging that the 16-year-old minor, Anthony A., had committed the crime of robbery in the second degree (§§ 211, 212.5, subd. (c).)[2] The petition further alleged that Anthony had taken personal property, a stereo face plate, that was in the possession of the victim, Justin P., from Justin P.'s person and immediate presence and against his will by means of force and fear.
B. The Jurisdictional Hearing
The jurisdictional hearing was held on November 4, 2005. The evidence presented included the testimony of the victim, Justin P.; two police officers, Officer Werner and Officer Sakurai; and Anthony.
1. The Witness Testimony
The alleged victim, Justin Probst, testified regarding an incident that occurred on September 19, 2005, at his place of business on Weddell Street in Sunnyvale. At about 6:10 p.m. that day a coworker told Probst that he had seen people in Probst's truck. Probst immediately ran out to the parking lot and saw Anthony standing by the door of Probst's truck while leaning inwards and another man inside the truck. Probst yelled, â€
