In re A.B. CA6

INTRODUCTION

The juvenile court found that minors A.B. and J.S. committed attempted robbery (Pen. Code,1 §§ 664/211-212.5, subd. (c)) and that J.S. committed battery (§§ 242-243, subd. (a)). The court also sustained the allegation that J.S. personally used a deadly weapon in the commission of the attempted robbery (§§ 667 & 1192.7). On appeal, J.S. contends that the punishment imposed for battery must be stayed pursuant to section 654. A.B. challenges the juvenile court’s findings that he aided and abetted the attempted robbery on insufficiency of evidence grounds. A.B. also argues, and the Attorney General concedes, that the dispositional order must be modified to clarify that he is not personally responsible for attorney fees. For the reasons set forth below, we will modify the dispositional order as to J.S. to stay the punishment for battery. We will also modify the dispositional order as to A.B. to clarify that A.B. is not personally liable for attorney fees. As so modified, the dispositional orders are affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

On May 3, 2013, the district attorney filed a juvenile wardship petition under Welfare and Institutions Code section 602,…