IN RE: Z.B. (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

OPINIONFACTS

In March 2009, appellant, Z.B., a minor, admitted allegations that he committed the following misdemeanors:  possession of alcohol at a school (Bus. & Prof.Code, § 25608), driving a motor vehicle without having a valid driver's license (Veh.Code, § 12500, subd. (a)) and possession of a controlled substance (Bus. & Prof.Code, § 4060).   The juvenile court adjudged appellant a ward of the court and placed him on probation.

The court later found appellant in violation of probation in August 2009 and again in December 2009-and in each instance continued appellant on probation.

In the instant case, in December 2009, it was alleged in a juvenile wardship petition that appellant committed second degree robbery (Pen.Code, §§ 211, 212.5, subd. (c)).  At the jurisdiction hearing in March 2010, the juvenile court found the allegation true, and at the disposition hearing in April 2010, the court continued appellant on probation;  ordered him committed to the Kern Crossroads Facility;  and, based on the instant offense and offenses adjudicated in prior wardship proceedings, declared appellant's maximum period of physical confinement to be five years six months, less 152 days credit for time served.   Appellant filed a notice of appeal on April 13, 2010.

Appellant's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record.  (People v. Wende (1979) 25 Cal.3d 436.)   Appellant has not responded to this court's invitation to submit additional briefing.   We will affirm.

Petitioner's Case

Two minors, B.T. (B.) and R.A. were walking through a park across from a high school when they encountered appellant, and several other persons, including D. At some point, D. said to B., “Hey, give me your cell phone or we're going to beat your ass.”   D. struck B. on the chin with a closed fist.   B. attempted to run away but he was pulled to the ground.   While he was on the ground, he was hit in the head and the side, and he went into a fetal position to protect himself.   The beating stopped when R.A. yelled that the police were coming.

When B. was on the ground his cell phone fell out of his pocket.   Appellant picked it up and walked away.

Later, in viewing a photo line-up, B. immediately identified a photograph of appellant as being that of one of his attackers.

Defense Case

Appellant testified to the following.   He was in the park, sitting on a bench, when he saw D. and some other persons approach B. and R.A. An altercation concerning a marijuana sale ensued, during which D. struck B. after B. pulled out a knife.   B. dropped the knife and his cell phone.   Appellant did not take B.'s cell phone, nor did he punch or chase after B.

DISCUSSION

Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.

DISPOSITION

The judgment is affirmed.

THE COURT