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In re K.C., a Person Coming Under the Juvenile Court Law. v. K.C

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION ONE


November 30, 2010

IN RE K.C., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
K.C., DEFENDANT AND APPELLANT.

The opinion of the court was delivered by: Margulies, J.

In re K.C. CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

K.C. appeals from the juvenile court's finding that he committed robbery and from the court's dispositional order of June 8, 2010. Appellant's court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. Counsel has notified appellant he can file a supplemental brief with the court. No supplemental brief has been received from appellant. Upon independent review of the record, we conclude no arguable issues are presented for review and affirm the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On April 15, 2009, Ricky Chu, a delivery man for Wah Shine restaurant in Vacaville, arrived at a residence on Devonshire Drive to deliver an order. When he rang the door bell, appellant answered the door, grabbed Chu by the shirt, and with the assistance of another individual who pointed a gun at Chu's face, pulled him into the house. According to Chu, the other individual still pointing the gun at his face stated, "Give me your wallet." After Chu responded he did not have a wallet, appellant and the other individual searched him, removing $20 in change. Once the police were called, Chu was transported to another area where he identified appellant as one of the robbers.

On September 23, 2009, the Solano County District Attorney filed a petition under section 602, subdivision (a) of the Welfare and Institutions Code alleging appellant committed robbery (Pen. Code, § 211).

Following a contested jurisdictional hearing, appellant's counsel argued Chu's identification of appellant was problematic. Rejecting counsel's arguments, the court found that Chu's identification of appellant was credible and sustained the robbery allegation.

Pending disposition in the robbery case, on April 6, 2010, appellant was involved in an altercation with another student at Will C. Wood High School over an iPod. An amended petition was filed on April 7, 2010, adding a second count of misdemeanor battery on school grounds. (Pen. Code, § 243.2, subd. (a).) Shortly thereafter appellant entered an admission to an added allegation of simple battery (Pen. Code, § 242) and the battery on school grounds charge was dismissed.*fn1

The case was transferred to Contra Costa County, but returned to Solano County on May 24, 2010, after confirmation appellant's mother would be living in Vacaville.

At the dispositional hearing held on June 8, 2010, the court placed appellant on probation in his mother's care and custody under supervision of the probation department.

A timely notice of appeal was filed on June 18, 2010.

DISCUSSION

Appellant was represented by counsel throughout the proceedings. We find no indication in the record counsel provided ineffective assistance.

Substantial evidence supports the juvenile court's finding that appellant committed the offense of robbery, and no evidentiary errors were committed.

There was no dispositional error.

The court has reviewed the entire record and finds no arguable issues that require further briefing.

Accordingly, the judgment is affirmed.

We concur: Marchiano, P.J. Dondero, J.


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