In re D.H. CA5

Good Law
Court of Appeal of CaliforniaSeptember 8, 2016F073017California1,651 words

Opinion

Opinion

INTRODUCTION

Defendant/appellant D.H., a juvenile, was found to have been an aider and abettor of second degree robbery (Pen. Code, §211) and placed on probation subject to various terms and conditions. On appeal, his appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS

Around 11:30 a.m. on November 20, 2015, 24-year-old Joseph Briones (Briones) was walking on Cedar Avenue between Clinton and McKinley in Fresno. He had a headphone in one ear and he was listening to music on his iPhone. Briones testified two males ran up behind him, grabbed him, and punched his head and jaw. Briones felt them try to take his iPhone, and heard one male say, “ ‘[G]ive me all your money.’ ” Briones fell to the ground and lost consciousness. When he woke up, Briones realized his iPhone and wallet had been taken. He suffered a bump, cuts, and bleeding on his forehead and the right side of his head, and he was taken to the hospital for treatment. Briones was unable to identify anyone because the assailants attacked him from…

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