In re Jonathan H

Filed 4/6/06 In re Jonathan H. CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

APPEAL from a judgment of the Superior Court of the County of Los Angeles, Philip K. Mautino, Judge. Affirmed.

Jan B. Norman, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Ana R. Duarte, Supervising Deputy Attorney General, Tasha G. Timbadia, Deputy Attorney General, for Plaintiff and Respondent.

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Defendant and appellant Jonathan H. (minor) appeals the juvenile court's adjudication of a petition filed under Welfare and Institutions Code section 602, finding him guilty of second degree robbery. (Pen. Code,[1] §§ 211; 484, subd. (a).) He contends there was insufficient evidence that he used force or fear during the taking of property to sustain the petition for robbery. Minor also appeals the conditions imposed as part of the judgment prohibiting him from associating with anyone disapproved of by his probation officer or parents, using or possessing alcohol or marijuana, narcotics and controlled substances or poisons and related paraphernalia, and staying away from places where users congregate.

Substantial evidence supports the juvenile court's finding that minor used force or fear while resisting attempts by a Walmart loss prevention officer to retake the stolen property, and that evidence was sufficient to sustain the robbery adjudication. Minor failed to object in the juvenile court to the reasonableness of any of the conditions of his probation at the time they were imposed and therefore forfeited the right to challenge any of those conditions for the first time on appeal. (In re Josue S. (1999) 72 Cal.App.4th 168, 172; In re Abdirahman S. (1997) 58 Cal.App.4th 963, 969-971.) The judgment is accordingly affirmed.

BACKGROUND

On June 17, 2004, Jonathan Miller, a loss prevention officer at a Walmart store in the City of Norwalk, observed minor and a companion take two compact discs and a magazine, remove the packaging from the compact discs, conceal them inside the magazine, and exit the store without paying for the merchandise. Mr. Miller alerted other Walmart employees, and he and the other employees followed minor and the companion out of the store. Mr. Miller identified himself as â€