In re Ramiro E. CA5

Good Law
Court of Appeal of CaliforniaOctober 15, 2013F066857California230 words

Opinion

Opinion

FACTS

On the afternoon of August 24, 2011, 15-year-old R.B. was skateboarding with his friend Ruben C. (Ruben) and two other friends when appellant and four other youths approached and encircled R.B. and his friends. Appellant told R.B. that appellant’s friend needed a skateboard and that appellant would “jump” R.B. if R.B. did not give him R.B.’s skateboard. Appellant then stepped closer to R.B. and “stared,” at which point R.B. handed appellant his skateboard. Next, appellant noticed R.B. had headphones and asked “what that was.” R.B. replied “it was [his] i-Pod”; appellant demanded the i-Pod and R.B. complied. R.B. relinquished his skateboard and his i-Pod because he was “just scared” and “didn’t want to get hurt.” Next, Ruben “gave his stuff to the other guy” and appellant and his companions left. Ruben corroborated R.B.’s account of appellant robbing R.B. Ruben further testified to the following: “[Appellant’s] friend ... took [Ruben’s] i-Pod, and [appellant’s] other friend took [Ruben’s] skateboard.” Ruben relinquished these items because “[he] felt like [he] was going to ... get hurt” if he did not do so. After appellant and his

2. companions took the skateboards and…

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