In Re Ashlie M.

Good Law
173 Cal. App. 4th 668
Court of Appeal of CaliforniaApril 29, 2009C058043, C058513California1,571 words

Opinion

Opinion

Sims, J.

Appellant A.M. was adjudicated a ward of the juvenile court under Welfare and Institutions Code section 602 for driving without a license (Veh. Code, § 12500, subd. (a)). On appeal, she challenges probation conditions, including payment of restitution (§ 730.6) for a victim’s burial/cremation expenses, which she contends were not caused by her conduct and cannot be attributed to her without a civil jury trial. Appellant separately appeals from the orders directing payment of restitution and setting the amount of restitution, though she does not dispute the amount. We consolidated the appeals. In the unpublished portion of the opinion, we shall conclude (1) the probation condition that appellant not be in places where drugs are present is overbroad and must be modified to “places where [appellant] knows drugs are present”; and (2) appellant forfeited her challenge to the search and seizure condition by failing to raise it in the juvenile court. In the published portion of the opinion, we shall explain why the restitution order is valid.

FACTUAL AND PROCEDURAL BACKGROUND

A juvenile wardship petition filed in August 2007 charged appellant with one misdemeanor count of…

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