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In Re Noah H., A Person Coming Under the Juvenile Court Law. v. Noah H

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin)


January 31, 2013

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

(Super. Ct. No. 67759)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

After the minor, Noah H., admitted he committed an assault with a deadly weapon and caused great bodily injury, he was ordered to pay $87,455.21 in victim restitution. He appeals this order. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436; In re Kevin S. (2003) 113 Cal.App.4th 97.) Finding no arguable errors, we shall affirm.

BACKGROUND

As the order appealed from is a restitution order, a detailed recitation of the background underlying the substantive offense is unnecessary.

The minor and several others were in a fight with Felix Montiel, in which the minor stabbed Montiel four times. Montiel was airlifted to the hospital. As a result of the stabbing, Montiel suffered a punctured and collapsed lung and had to have a chest tube inserted. He received medical treatment at U.C. Davis Medical Center between December 8 and 12, 2010. The hospital billed $82,147 for Montiel's hospital stay and the insurance company paid $58,500. The remainder was written off pursuant to the hospital's contractual agreement with the insurer. The hospital also billed $5,091 for professional services and the insurance company paid $2,014.96. Again, the balance was written off. There was also a bill of $52 which was not covered by insurance. The insurance company also paid $26,888.25 for the airlift transfer to the hospital.

The minor admitted committing an assault with a deadly weapon and a great bodily injury enhancement. He was adjudged a ward of the court and placed on probation. He did not appeal from those proceedings. Subsequently, probation filed a report requesting victim restitution. Following a hearing, the court ordered victim restitution for the amounts paid by the insurer -- $58,500 for the hospital stay, $2,014.96 for the professional services, and $26,888.25 for the airlift. The court also ordered restitution for the $52 which was not covered by insurance. The total restitution award was $87,455.21.

DISCUSSION

The minor was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from the minor. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to the minor.

DISPOSITION

The order is affirmed.

We concur: BUTZ , J. DUARTE , J.

20130131

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