In re Kevin W.
David Schachter did not meekly accept being a victim of crime. When his laptop computer was snatched while he waited for a bus, he immediately began pursuing the thief and saw him enter a waiting car. Schachter grabbed the cars door in an attempt to prevent the thiefs escape, and was dragged half a block before letting go as the car accelerated. Although Schacters efforts to regain possession of his property were not successful, they were observed, and with the help of bystanders, and the prompt intervention by the police, the thief was apprehended.
The juvenile court concluded that appellant Kevin W. was the thief, and that in the circumstances surrounding his taking of Schachters computer he had committed second degree robbery (Pen. Code, 211). The court further concluded that Schachter was also the victim of assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)) for the injuries suffered falling from the car. Appellant was declared a ward of the court, and committed to the probation department for an out of home placement.
Appellant contends that the evidence is insufficient to establish that he committed either the robbery or the assault. He also contends the matter must be remanded because the juvenile court did not comply with its statutory duty to exercise its discretion and determine whether the assault would be treated as a felony or a misdemeanor. We conclude that there is substantial evidence that appellant committed robbery and assault. We further conclude that a remand is not necessary because the record shows that the juvenile court was aware of its discretion and exercised it by treating the assault as a felony. In light of these conclusions, Court affirm.
Comments on In re Kevin W.