Filed 4/22/19 In re J.V. CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

In re J.V., a Person Coming Under the Juvenile Court Law. B294583

(Los Angeles County

Super. Ct. No. KJ40766)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.V.,

Defendant and Appellant.

THE COURT:

J.V. appeals from an order of the juvenile court sustaining a delinquency petition pursuant to Welfare and Institutions Code section 602 following a contested adjudication. On November 16, 2018 a petition alleging one count of second degree robbery (Pen. Code, § 211) was filed against appellant, a 15-year-old minor. Appellant was declared a ward of the court and placed at home on probation, with five years’ maximum confinement time, and five days of custody credit. He was further ordered to complete 50 hours of community service, attend counseling, and pay a $100 restitution fine.

Appellant filed a timely notice of appeal, and we appointed counsel to represent him on appeal. After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record.

FACTUAL BACKGROUND

In November 2018, J.V. and his friend J.J. were students at Workman High School. After school on November 14, 2018, J.J. walked with J.V. and two of J.V.’s friends to J.V.’s house. Sometime after congregating in front of J.V.’s house, the four boys walked up the street to smoke some marijuana. Stopping about one house away from J.V.’s house, they met two other boys (Minor 1 and Minor 2) whom J.J. believed to be J.V.’s friends. The two boys joined the group of four and they all smoked marijuana together.

Minor 1 said to J.J., “I’m gonna need your shoes.” J.J. responded that he had to leave, and Minor 1 said, “You’re gonna fight me then.” When J.J. told Minor 1 he wasn’t going to fight him, Minor 1 grabbed J.J. and tried to put him in a chokehold. J.J. escaped the chokehold, but Minor 2 forced J.J. against a fence, and Minor 1 and Minor 2 pinned J.J.’s arms up against the fence.

The boys told J.V. to take J.J.’s shoes. J.V. removed J.J.’s shoes and handed them to Minor 2, who passed them to Minor 1. After removing J.J.’s shoes the two boys released J.J., and Minor 1 told J.J. to come with him. Minor 1 told J.J. to buy him something and he would return the shoes. J.V. gave J.J. his own shoes so J.J. could walk to the store.

J.J. walked with one of J.V.’s friends to a liquor store where he bought two Sprites and stole some beers. J.J. then met Minor 1 and Minor 2 at a nearby park and gave them the drinks in exchange for his shoes.

The next day, J.J. started a fight with J.V. in a bathroom at school because J.V. had taken his shoes. The assistant principal walked in on the fight and separated the boys. He then spoke to them separately. J.V. told the assistant principal that he had purposely set up J.J to take his shoes because he needed money.

DISCUSSION

We have examined the entire record and are satisfied that appellant’s attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109–110; People v. Wende (1979) 25 Cal.3d 436, 441.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

_____________________________________________________________

LUI, P.J. CHAVEZ, J. HOFFSTADT, J.