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In re Scott H.

California Court of Appeals, Second District, First Division

November 14, 2013

In re SCOTT H., a Person Coming Under the Juvenile Court Law.
v.
SCOTT H., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent,

APPEAL from an order of the Superior Court of Los Angeles County. No. MJ19972 Robin R. Kesler, Temporary Judge.

Page 516

[Copyrighted Material Omitted]

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COUNSEL

Law Office of Anthony D. Zinnanti and Anthony D. Zinnanti for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey, Mary Sanchez and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROTHSCHILD, J.

Scott H.’s appeal from the order of restitution for the victim and his family members entered after the juvenile court adjudged him a ward of the court under Welfare and Institutions Code section 602[1] again is before us after transfer from the Supreme Court. In our original opinion, we

Page 518

held that, although the direct victim of Scott’s conduct was entitled under section 730.6 to restitution from Scott, the direct victim’s family members, as derivative victims, were not because the statute did not include derivative victims in its definition of victim. We, therefore, reversed the order awarding restitution with directions for the juvenile court to enter a new order awarding restitution only to the direct victim. In the appeal, the People did not defend the restitution award on constitutional grounds, but merely argued that section 730.6, governing restitution in juvenile delinquency cases, should be interpreted to include derivative victims as in Penal Code section 1202.4, governing restitution in criminal cases, even though Penal Code section 1202.4 contains derivative victims in its definition of victim and section 730.6 does not.

The Supreme Court on its own motion granted review of our opinion, after a nonparty had filed a request for depublication, and transferred Scott’s appeal back to us “with directions to vacate [our] decision and reconsider the cause in light of article I, section 28 of the California Constitution (as amended by Proposition 9, the Victim’s Bill of Rights Act of 2008, known as ‘Marsy’s Law’) and People v. Runyan (2012) 54 Cal.4th 849, 858-859 [143 Cal.Rptr.3d 674, 279 P.3d 1143]." We asked Scott and the People to brief the impact, if any, of the Constitution and Runyan on the definition of victim in section 730.6. Following the direction of the Supreme Court, and after considering the parties’ briefing, we conclude that section 730.6, in light of constitutional mandates, must be interpreted to include derivative victims and thus that the restitution award to the direct victim’s family members was proper. We, therefore, affirm the order awarding restitution to the direct victim and his family members.

FACTUAL AND PROCEDURAL BACKGROUND

A petition under section 602, dated October 5, 2010, alleged that, on or between December 1, 2009 and January 30, 2010, Scott committed a lewd act upon a child in violation of Penal Code section 288, subdivision (a). According to the probation report, the charge stemmed from an incident where Scott, then 17 years old and an instructor at the Tao Kwon Do studio owned by the victim’s mother and stepfather, followed the 12 year old victim into a bathroom stall at a restaurant, locked the door, pulled down the victim’s pants and underwear, touched the victim’s penis and put it in his mouth. The victim told his father about the incident after the father found numerous texts of a sexual nature from Scott to the victim on the victim’s ...


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