Peoplev.Edwin R. (In re Edwin R.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIAJul 10, 2019
D075391 (Cal. Ct. App. Jul. 10, 2019)

D075391

07-10-2019

In re EDWIN R., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. EDWIN R., Defendant and Appellant.

Britton Donaldson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. J238188) APPEAL from a Judgment of the Superior Court of San Diego County, Peter L. Gallagher, Judge. Affirmed as modified. Britton Donaldson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Following an adjudication hearing, the juvenile court found Edwin R. (the Minor) had committed robbery (Pen. Code, § 211) and vandalism (§ 594, subd. (a)(b)(1)). At the disposition hearing, the Minor was declared a ward of the court and he was committed to the Youthful Offender Unit for a period not to exceed 480 days.

All further statutory references are to the Penal Code unless otherwise specified. --------

The Minor filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), indicating counsel has not been able to identify any arguable issues for reversal on appeal. Counsel asks this court to review the record for error as mandated by Wende. We offered the Minor the opportunity to file his own brief on appeal, but he has not responded.

STATEMENT OF FACTS

The Minor picked up two 18-packs of beer and walked out of the store. The cashier attempted to stop him, but he went outside. The cashier followed the Minor outside and found him in the company of several other youths. She heard the Minor tell the group to "crack the bitch".

The cashier followed the group briefly until an adult member of the group shouted: "this is ONTC gang" and "ONTC gang homie."

DISCUSSION

As we have noted, appellate counsel has filed a brief pursuant to Wende, supra, 25 Cal.3d 436, indicating counsel has not identified any arguable issue for reversal on appeal. In order to assist the court in its review of the record and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issue: Whether there was sufficient evidence of "fear" to support a conviction for robbery (People v. Estes (1983) 147 Cal.App.3d 23).

We have reviewed the entire record and have not identified any arguable issue for reversal on appeal. Competent counsel has represented the Minor on this appeal.

DISPOSITION

The adjudication and disposition orders are affirmed.

HUFFMAN, Acting P. J. WE CONCUR: HALLER, J. IRION, J.