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In Re J. C., A Person Coming Under the Juvenile Court Law. v. J. C

December 14, 2010

IN RE J. C., A PERSON COMING UNDER THE JUVENILE COURT LAW. THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
J. C., DEFENDANT AND APPELLANT.



(Santa Clara County Super. Ct. No. JV35333)

The opinion of the court was delivered by: Bamattre-manoukian, Acting P.J.

In re J.C.

CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

The minor, J. C.,*fn1 appeals from a restitution order entered after he admitted committing first degree burglary (Pen. Code, §§ 459, 460, subd. (a)). (Welf. & Inst. Code, § 800, subd. (a).)*fn2 On appeal, the minor contends that the juvenile court erred by ordering restitution for an Apple laptop computer that he asserts was returned to the victim. For reasons that we will explain, we will affirm the order.

BACKGROUND

Section 602 Petitions and Section 777 Notice

In January 2009, the district attorney filed a petition under section 602 alleging that the minor, then age 14, committed an attempted second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c), 664; count 1), three counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c); counts 2 - 4), and two counts of criminal threats (Pen. Code, § 422; counts 5 & 6). The petition was subsequently amended with respect to certain factual allegations. The minor then admitted the allegations in the three counts of second degree robbery (counts 2 - 4) and one of the counts of criminal threats (count 5). The remaining counts were dismissed on motion by the People. The juvenile court declared the minor a ward of the court and ordered him to serve 75 days in juvenile hall with 75 days credit and to serve 60 days on the electronic monitoring program. He was also ordered, among other things, to attend school regularly without unexcused absences or tardies, to not use any illegal substance, and to not be outside the family home between 9:00 p.m. and 6:00 a.m. "without competent adult supervision unless given permission by the Probation officer to do so."

On July 21, 2009, another petition under section 602 was filed alleging that the minor, then age 15, committed first degree burglary (Pen. Code, §§ 459, 460, subd. (a)) on or about December 1, 2008. According to a probation officer's report, which was based on a San Jose Police Department report, the items taken from the victim's residence included two laptop computers. Latent fingerprints found at the scene led police in May 2009, to one of the perpetrators, who confessed to the burglary. The perpetrator had an Apple laptop computer in his possession and the serial number "matched" one of the laptop computers that had been stolen. Further, the perpetrator admitted that he had taken the laptop computer from the victim's residence. The perpetrator identified the minor as "help[ing] him commit the burglary." The police then contacted the minor, who also confessed to committing the burglary. The minor admitted that he had taken a Dell laptop computer but reported that he had sold it to a family friend. The minor's mother "retrieved it and brought it" to the police. The Dell laptop computer did not match the laptop computer described as missing by the victim's family, but the minor "insisted" he had stolen it from the victim's home.

On July 22, 2009, a notice under section 777 was filed alleging that the minor "failed to abstain from illegal substance use, in that, he submitted positive chemical tests for marijuana," "failed to abide by his . . . curfew," "failed to attend school on a regular basis as directed," and "failed to obey his mother, in that, he often leaves home without permission, and does not inform her of his whereabouts."

The minor admitted the allegations in the July 2009 section 602 petition and the section 777 notice. The juvenile court continued the minor as a ward of the court and ordered, among other things, him committed to the Santa Clara County Juvenile Rehabilitation Facilities' enhanced ranch program for six to eight months. The court also ordered that the minor pay restitution and that his "parent(s)" were "presumed jointly and severally responsible for the payment of restitution." The matter was continued to November 5, 2009, for a restitution setting hearing.

Restitution

According to a probation officer's report filed on November 5, 2009, the victim was seeking $11,952 in restitution for the items stolen, which included an Apple laptop computer, a Dell laptop computer, a Sony Handycam, jewelry, and cash. Attached to the probation officer's report were a San Jose Police Department "PROPERTY REPORT" and victim loss reports, which indicated that the victim's loss with respect to the Apple laptop computer was $1,100. In a written statement, the victim explained that "the family" had lost a "significant amount of important information regarding work and money on the two laptops." (Capitalization omitted.) The victim also indicated ...


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