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In Re Sean V., A Person Coming Under the Juvenile Court Law. v. Sean V

October 19, 2012

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



(Super. Ct. No. SC RD JDSQ102873201002)

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

In re Sean V.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

The minor, Sean V., appeals from an order of the Shasta County Juvenile Court dismissing his informal probation and purporting to convert a $25,874 victim restitution order into a civil judgment. The Attorney General commendably observes, and the minor agrees, the order converting the award to a civil judgment is unauthorized by statute and must be reversed. We shall remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND*fn1

In August 2010, the then 14-year-old minor physically attacked the victim, a fellow student at his high school. The minor pushed the victim face-first into his locker. The victim fell to the ground, and the minor struck him several times on the face and head. The victim suffered serious injuries and was transported to a hospital.

In December 2010, a petition was filed alleging that the minor came within the provisions of Welfare and Institutions Code section 602 in that he committed misdemeanor battery. (Pen. Code, § 242.) The petition included a notice that the minor's parents may be responsible for any restitution owed to the victim.

At an initial hearing in January 2011, the juvenile court found that the minor was eligible for informal probation. (§ 654.2.) The minor's stepmother was present at the hearing. The court advised the minor and the stepmother of the contents of the petition.

The probation department filed a motion to place the minor on informal probation and to reserve the issue of restitution to the victim. The motion included the condition that the minor "pay restitution to the victim . . . in an amount to be determined, jointly and severally with his parents; and the Court reserve jurisdiction for future restitution to be determined by the Probation Officer and on a payment schedule to be determined by Court Collections." The motion recommended that the orders of victim restitution, the state restitution fine, and any other ordered fines or fees remain in effect until paid in full pursuant to sections 730.6 and 730.7, and not be discharged upon termination of probation or deferred entry of judgment.

In February 2011, the juvenile court granted the minor informal probation pursuant to section 654.2. Orally and in writing, the court ordered the minor with his parents to pay restitution. As probation had recommended, the court specified that this order was to remain in effect until restitution was paid in full. A restitution hearing was set for April 2011.

In April 2011, the juvenile court held a restitution hearing. The court originally ordered restitution to the victim in the amount of $100 (for his medical copayment) and to the victim's medical insurer in the amount of $25,874. At the suggestion of the prosecutor, the court then ordered that all restitution be paid to the victim and none to the insurer.

Four months later, in August 2011, the juvenile court terminated the minor's probation. The probation officer noted that the minor had submitted $100 toward his restitution. The minor objected to payment of the remaining $25,874 on the ground he was a student and had no ability to pay that amount. After finding that the minor had successfully completed his informal probation, the court ordered probation terminated and ordered the petition dismissed. Pursuant ...


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