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In Re E.R., A Person Coming Under the Juvenile Court Law. v. E.R

September 7, 2011

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



(Super. Ct. No. JD10247)

The opinion of the court was delivered by: Mauro J

In re E.R. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

E.R. was adjudicated to be a ward of the court under Welfare and Institutions Code section 602 after he pleaded no contest to assaulting a homeless man.*fn1 He contends the juvenile court's order that he pay victim restitution to the hospital that treated his assault victim must be stricken because the hospital was not a direct victim under section 730.6, subdivision (k). E.R. also contends that two of his conditions of probation, which limit with whom he may associate, must be modified to add a knowledge element. Both of his contentions have merit and we will modify the judgment accordingly.

FACTS

On the night of June 6, 2010, police officers were dispatched to investigate a report that a group of juveniles were assaulting an adult male near the Tower Bridge in West Sacramento. The victim, Robert Francis, reported that a group of six minors punched him and then kicked him when he fell to the ground. During the assault, they called him derogatory names. The victim sustained facial lacerations and bruising on his face and body, but declined medical attention.

While the officers were interviewing Francis, a bloodied male staggered toward them and stated he needed an ambulance. The second victim, Dale Louisiana, reported that he too was assaulted by a group of six minors who surrounded him, threw him to the ground and then punched and kicked him. During the assault, the juveniles demanded money and shouted "Broderick!" The juveniles took some of Louisiana's possessions with them when they left the scene. Louisiana described the juveniles, and the police located two of them, one of whom was E.R. Both victims identified E.R. as one of their assailants.

A juvenile petition was filed charging the minor with multiple counts relating to the two assaults. The minor pleaded no contest to assaulting Louisiana by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)) on the condition that the remaining counts be dismissed.

The juvenile court adjudged the minor to be a ward of the court, ordered him to remain in the custody of his parents, and imposed various terms and conditions of probation, including restitution in an amount to be determined at a later date.

Thereafter, the minor admitted violating the conditions of his probation. The juvenile court reinstated probation and ordered that the minor serve 45 days in the juvenile hall; that he be released to the custody of his father with electronic monitoring; and that he pay $805.86 in victim restitution to the hospital that treated Mr. Louisiana. The order for victim restitution was made over the minor's objection.

DISCUSSION

I

When a minor is adjudged a ward of the court, the juvenile court must order restitution to reimburse a victim for "any economic loss" resulting from the minor's conduct bringing him within the court's jurisdiction. (ยง 730.6, subds. (a)(1) & (j).) The juvenile court may order restitution to any legal or ...


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