Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

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

July 27, 2011

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



(Super. Ct. No. JV130306)

The opinion of the court was delivered by: Blease , Acting P. J.

In re J.G. CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On December 8, 2009, J.G., a minor, admitted a charge of battery with serious bodily injury (Pen. Code, § 243, subd. (d)) on Vijay Singh. Without adjudging the minor a ward of the court, the court placed him on six months' probation (Welf. & Inst. Code, § 725, subd. (a))*fn1 and ordered him to pay restitution in an amount to be determined (§ 730.6, subd. (h)).

Following a restitution hearing, the court ordered the minor to pay, inter alia, full medical expenses incurred by Singh as a result of the minor's assault on him, including expenses for injuries to Singh's right hand and for sunglasses obtained by Singh.

On appeal, the minor contends the restitution order must be modified because (1) the evidence is insufficient to establish that he was the cause of injury to Singh's hand, and (2) the court abused its discretion by ordering him to pay $178 for Singh's sunglasses when a $30 pair would suffice. We shall affirm the orders.

Facts Regarding Restitution

In 2009, Vijay Singh owned the Dillard Store in Wilton. At some point prior to June 9, 2009, Singh had refused to permit the minor to come into the store because the latter had been caught stealing. In response, the minor drove by the store and yelled, "Fuck you, you Hindus!"

On June 9, the minor's younger brother was in the store and Singh asked him to have the minor come by and talk to him. That evening the minor came to Singh's store and Singh confronted him outside the store. The minor asked Singh what he wanted and threatened to beat up Singh. Singh asked why the minor was angry and the minor replied, "because you don't let me in your store." Singh told the minor to leave. The minor denied having stolen anything and struck Singh in the face, knocking him down. Singh was certain the minor was wearing brass knuckles when he was struck.

According to the police report prepared by an investigating officer, J.S. and M.N., each of whom knew Singh and the minor, told the officer that they were driving by the Dillard store and saw the minor strike Singh in front of the store. J.S. and M.N. got out of their car to make sure nothing further happened. M.N. said that after the minor struck Singh, the minor came running out of the store yelling "Punjabis" and "you Arabs, go back home." The minor "tried to go back into the store" but M.N. "held him back." J.S. said he knew the minor "has brass knuckles," but he did not see them when the minor struck Singh.

At the restitution hearing, the following colloquy occurred between Singh and counsel for the minor:

"Q. That was your right hand that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.