Edward S., In re, Cr. 39891

• Court: California Court of Appeals
• Writing for the Court: ASHBY; STEPHENS, Acting P. J., and HASTINGS
• Citation: 133 Cal.App.3d 154,183 Cal.Rptr. 733
• Parties: In re EDWARD S., a Person Coming Under the Juvenile Court Law. The PEOPLE, Plaintiff and Respondent, v. EDWARD S., Defendant and Appellant.
• Decision Date: 28 June 1982
• Docket Number: Cr. 39891

Page 733

183 Cal.Rptr. 733 133 Cal.App.3d 154 In re EDWARD S., a Person Coming Under the Juvenile Court Law.
The PEOPLE, Plaintiff and Respondent,
v.
EDWARD S., Defendant and Appellant. Cr. 39891. Court of Appeal, Second District, Division 5, California. June 28, 1982.

Page 734

[133 Cal.App.3d 156] Floyd J. Siegal, Los Angeles, under appointment by the Court of Appeal, for defendant and appellant.

George Deukmejian, Atty. Gen., Robert H. Philibosian, Chief Asst. Atty. Gen., S. Clark Moore, Asst. Atty. Gen., Robert F. Katz and Gary R. Hahn, Deputy Attys. Gen., for plaintiff and respondent.

ASHBY, Associate Justice.

In proceedings under section 602 of the Welfare and Institutions Code, the juvenile court found that appellant committed robbery and assault with a deadly weapon on Carl Glatthorn (Pen.Code, §§ 211, 245, subd. (a)) and that appellant drew a knife on Donald Cress in a threatening manner (Pen.Code, § 417, subd. (a)). Appellant was committed to the Youth Authority.

At about 8:15 on the evening of September 26, 1980, Donald Cress, assistant produce manager of the Safeway store on Vineland in Sun Valley, observed appellant walking out the door of the store with batteries for which he had not paid. When Mr. Cress asked to see appellant's receipt, appellant pulled a hunting knife out of his pocket and waved it at Cress. Fearing injury, Mr. Cress jumped back and told appellant to get out.

At the laundromat a few doors north of the Safeway store Carl Glatthorn had a $1 bill in his hand to place in a change machine. Suddenly he felt a sharp pointed object in his back. Appellant said, "Give me the money." Mr. Glatthorn was afraid. Appellant grabbed the dollar bill and left.

Appellant was arrested in the same neighborhood at 9 p. m. because he fit the description of the suspect in the Safeway and laundromat incidents. In his pockets he had a hunting knife, Safeway batteries, and a $1 bill.

133 Cal.App.3d 157

SUFFICIENCY OF EVIDENCE

Contending that the victim Glatthorn did not see the sharp pointed object he felt in his back, appellant argues the evidence is insufficient to show that appellant assaulted him with a knife. However, the

Page 735

circumstantial evidence shows that the object was a knife. (People v. Hayes, 19 Cal.App.3d 459, 467, 96 Cal.Rptr. 879.) Only seconds before the laundromat robbery, appellant waved a knife at Mr. Cress. Appellant was in possession of the same knife when arrested in the neighborhood 45 minutes after the robbery.

Next, pointing to the evidence that Mr. Glatthorn had a dollar bill in his hand which appellant "grabbed," appellant argues the evidence is insufficient to support a finding of robbery, and that it shows at most a snatch, a grand theft from...