In re M.R. CA1/1

I. Factual Background

According to information originally given to the police, on June 3, 2012, 16-year- old D.R. (hereinafter “the victim”) was stopped by three youths, later identified as the minor in the current appeal (M.R.; hereinafter “the minor”), B.M. and M.E. One of the

1 youths initially asked the victim for a cigarette and the victim gave him one. The suspects walked away, telling the victim and his brother to wait for them. The victim and his brother waited approximately five to seven minutes. The victim’s brother (K.R.) fled the scene, fearing that a robbery was going to occur. Subsequently, the youths returned and one of them pointed a gun at the victim while the others took $85 in cash and two cell phones from him.1 Shortly after 2:00 p.m., multiple Oakland police officers responded to the scene of the reported robbery. Officer Negrete was the first to arrive on the scene. The reported robbery victim flagged down the officer and was providing a description of the robbers when the victim pointed out the three youths who had robbed him, saying, “That’s them.” Officer Negrete got in his car, drove north on Mandela toward 12th Street (where he had seen three persons…