In re Joshua M. CA1/5

Good Law
Court of Appeal of CaliforniaDecember 5, 2014A140934California1,680 words

Opinion

Opinion

Needham, J.

I. FACTS AND PROCEDURAL HISTORY

A petition under Welfare and Institutions Code section 602 alleged that Joshua, age 15, committed felony robbery and received stolen property. (Pen. Code, §§ 211, 496.)1 According to the probation intake report, Joshua had pulled a 67-year-old woman off her bicycle, removed her iPhone and keys from her pocket, and fled. 1 All statutory references are to the Penal Code unless otherwise designated.

1 Later that day, he struck a young woman in the face, grabbed her iPhone from her hand, and fled. Within minutes he was apprehended by police, who found a stolen iPhone on his person. At an in-field show-up, the young victim identified Joshua as the person who struck her and took her property; the elder victim did not identify him but said his gray hoodie was similar to the clothing worn by her assailant. The juvenile court granted the district attorney’s request to reduce the felony robbery count to felony grand theft from a person (§ 487, subd. (c)), and Joshua admitted this count in exchange for a dismissal of the other count. At the disposition hearing in February 2013, the court adjudged Joshua a ward of the court, removed him from his mother’s…

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