In re Oscar V.
Filed 8/25/06 In re Oscar V. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE
| In re OSCAR V., a Person Coming Under the Juvenile Court Law. | |
| THE PEOPLE, Plaintiff and Respondent, v. OSCAR V., Defendant and Appellant. | G036006 (Super. Ct. No. DL014017) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Michael J. Cassidy, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.
William J. Capriola, 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, Assistant Attorney General, Barry Carlton and James Flaherty, Deputy Attorneys General, for Plaintiff and Respondent.
Oscar V., a minor, appeals from a judgment after the juvenile court found true two counts of second degree robbery. He argues insufficient evidence supports his convictions because the evidence did not establish his identity as one of the two robbers. We disagree and affirm the judgment.
FACTS
At approximately 6:00 a.m., on the morning of May 12, 2005, Leonardo Ceja left his apartment, located at 1842 East Chestnut Avenue in the City of Orange, and entered the attached garage. As he got into his sister-in-law's Ford Explorer, Ceja noticed two males standing on a grassy area near the entrance to the garage.
One of the men was later identified as Henry Rodriguez. The other man, who neither Ceja nor his brother, Enrique Ceja-Cabezas (Cabezas), could identify, but who was later identified by the police as Oscar, wore a hat and a sweater with a hood.
After Ceja started the engine, Rodriguez knocked on the passenger side window. Ceja lowered the window and asked Rodriguez what he wanted. Rodriguez asked Ceja if he had $5. When Ceja replied he had no money, Rodriguez grabbed onto the vehicle and reached toward the waistline of his pants. Ceja heard the sound of a round being chambered as Rodriguez lifted a gun and pointed it at Ceja's chest. Rodriguez again asked for $5 and ordered Ceja out of the vehicle. Ceja was scared and â€
