In re Roberto A.
The juvenile court sustained allegations of a Welfare and Institutions Code section 602 petition alleging the juvenile committed assault with a deadly weapon by means of force likely to produce great bodily injury, grand theft person and attempted second degree robbery. The juvenile appealed from the courts order of wardship, claiming the evidence was insufficient to establish the offenses of attempted second-degree robbery and grand theft person. In the event the evidence was sufficient to sustain the courts findings, the juvenile claimed he nevertheless could not be punished for both offenses because both theft crimes were committed with the same intent and objective against the same person. Finally, he argued the juvenile court erred in setting his maximum theoretical term of confinement.
In our initial decision we concluded the evidence did not support a finding the juvenile took the property from the person of the victim as is required for grand theft person. We thus reduced the offense in count two to the misdemeanor offense of petty theft, a lesser included offense of grand theft person, and affirmed the courts findings in other respects. The Supreme Court granted the Peoples petition for review. In a companion case to this case the Supreme Court in In re Jesus O. concluded the evidence of the juveniles intent to steal, plus the later taking of property which had been on the victims person, was, in combination, sufficient to sustain the grand theft person offense. Accordingly, the Supreme Court reversed our decision finding to the contrary and remanded the present matter to this court for reconsideration in light of its decision in In re Jesus O. Court affirm.
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