In re Aaron D.

Filed 2/13/07  In re Aaron D. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            APPEAL from an order of the Superior Court of Los  Angeles County, Charles Scarlett, Judge.  Modified and affirmed.

            Phillip I. Bronson, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.

            Minor Aaron D. appeals from the order of wardship entered by the juvenile court pursuant to Welfare and Institutions Code section 602 following a finding that he had committed three counts of robbery.  (Pen. Code, §  211.)  He was placed in the camp/community program for a period of six months.  He appeals, contending that (1)  there was insufficient evidence to support the finding that he participated in the robberies, (2)  his counsel's failure to object to the hearsay statements of two witnesses constituted ineffective assistance of counsel, and (3) the court erred in imposing probation conditions restricting his association with anyone disapproved of by his parents or his probation officer and prohibiting his participation in any type of gang activity.  We modify the terms of probation and affirm the juvenile court order.

FACTUAL AND PROCEDURAL BACKGROUND

            On January 20, 2006, at 3:30 p.m., Los Angeles Police Sergeant Richard Baeza was conducting undercover criminal surveillance while seated in an unmarked car on Crenshaw Boulevard near Slauson.  He observed 10 to 15 African-American male juveniles run across Crenshaw Boulevard and surround a smaller group of four or five male African-Americans and Hispanics.  The members of the larger group appeared to be going through the pockets of the smaller group.  Baeza put out a call on his police radio of a robbery in progress.  He observed the juveniles in the larger group run away as soon as the first police car arrived.  Baeza saw minor, wearing a blue beanie and a black sweater, being detained by another officer at the corner of 58th Place and Crenshaw.  He identified minor as one of the members of the large group that surrounded the victims.

            Frank T., Eben T., and Franklin A. were walking on Crenshaw Boulevard with some other friends when a group of about 20 boys approached and surrounded them.  One of them asked Frank â€