In re K.M.
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The victim was listening to earphones and looking at his cell phone while walking. He saw individuals with bicycles outside of a 7-Eleven. Minutes later, someone tapped him on one side while another individual, on a bicycle on the other side, grabbed his cell phone. The victim chased and tackled him. After the victim released the thief, someone punched the victim. The victim was surrounded by three individuals in hoodies who were yelling at him. The victim’s boss arrived on the scene; the three left. Police quickly arrested three minors with bicycles: Kevin, age 15, Angel, who had the cell phone in his backpack, and Armando. The victim identified Angel as having taken his phone, and Armando as having punched him. The victim had trouble identifying Kevin.
A juvenile wardship petition alleged that Kevin committed second-degree robbery. The victim identified Kevin in court and recalled seeing Kevin among the people at the 7- Eleven and as one of the people who yelled at him after he tackled Angel. The victim otherwise had no clear memory of Kevin. He did not know whether Kevin was there when his phone was taken. The juvenile court sustained the petition, finding that Kevin had aided and abetted the robbery. The court of appeal reversed. The determination was not supported by substantial evidence.
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