What is the impact of the juvenile court's rendition of the circumstances of the robbery reported in the police reports?

California, United States of America


The following excerpt is from People v. F.S. (In re F.S.), A133452 (Cal. App. 2012):

7. To the extent F.S. complains about the juvenile court's rendition of some of the circumstances of the robbery reported in the police reports, we note that F.S.'s counsel made no objection to the court's statements regarding the circumstances of the robbery. Additionally, a fair reading of the record does not indicate the court based its disposition on "an erroneously exaggerated criminal history" (People v. Tang (1997) 54 Cal.App.4th 669, 680), as F.S. suggests. Most notably, the court's statement that the victim was struck "multiple times by a 2X4" is supported by the probation department officer's interviews with the victim and F.S., during which the victim said that F.S. and his coparticipant " 'pretty much broke in . . . caught [him] alone . . . beat the shit out of [him] with a piece of wood,' " and F.S. admitted (Evid. Code, 1280) that he " 'started taking off on' the victim. . . .[and] after the first swing, when he hit the victim with the "2X4" piece of wood . . . [he] restrain[ed] the victim while the coresponsible hit him." Any purported inconsistencies in the court's rendition of other information reflected in the actual police reports were neither material nor relevant to the court's conclusion regarding the gravity of the robbery offense.

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