In re Edgar L.
Filed 6/9/06 In re Edgar L. CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| In re EDGAR L., a Person Coming Under The Juvenile Court Law. |
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| THE PEOPLE, Plaintiff and Respondent, v. EDGAR L., Defendant and Appellant. |
F048759
(Super. Ct. No. JJD059661)
O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Tulare County. William Silveira, Jr., Judge.
Harry Zimmerman, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, David A. Rhodes and Clayton S. Tanaka, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
The court readjudged appellant, Edgar L., a ward of the court (Welf. & Inst. Code, § 602) after it sustained allegations charging Edgar with attempted robbery (count 1/Pen. Code, §§ 654/211), brandishing a firearm (count 2/Pen. Code, § 417, subd. (a)(2)), and two counts of battery (counts 3 & 4/ Pen. Code, § 242). The court also found true an arming enhancement in count 1 (Pen. Code, § 12022.5, subd. (a)(1)). On August 19, 2005, the court committed Edgar to the Tulare County Juvenile Detention Facility for a maximum term of one year. On appeal, Edgar contends: 1) the court erred in admitting his in-field identification; and 2) the evidence is insufficient to sustain the court's true finding with respect to the attempted robbery count; and 3) the evidence is insufficient to sustain the court's true finding with respect to one battery count. We will affirm.
FACTS
Miguel P. testified that on May 9, 2005, at 7:00 p.m., he and his older brother Rafael were walking at Fairview Park in Visalia when Edgar approached them and told Miguel he wanted to fight with him. Edgar asked Miguel about some blue pants Miguel was wearing and called him a â€
