In re F.B. CA6

STATEMENT OF THE CASE

The Santa Clara County District Attorney filed a juvenile wardship petition alleging that F.B. committed second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c); count 1) and dissuaded a victim from reporting a crime (Pen. Code, § 136.1, subd. (b)(1); count 2). The petition alleged that F.B. personally used a dangerous and deadly weapon in the commission of the robbery (Pen. Code, §§ 667, 1192.7). Following a contested jurisdictional hearing, the juvenile court found that F.B. had committed second degree robbery, but it concluded there was insufficient evidence to support the weapon allegation and the charge of dissuading a victim. At the disposition hearing, the juvenile court declared F.B. a ward of the court and placed him on probation subject to various terms and conditions. F.B. now appeals from the judgment of wardship. He makes the following arguments on appeal: 1) there was insufficient evidence identifying him as a perpetrator of the robbery; 2) his trial counsel rendered ineffective assistance in failing to move to suppress a pretrial identification; 3) the juvenile court erred in admitting a computer aided dispatch log (CAD log) into evidence;…