In Re Anthony J.

In this juvenile adjudication proceeding, the San Diego County District Attorney filed a petition against defendant Anthony J., alleging under Vehicle Code section 10851 that he stole a vehicle (count 1), and under Penal Code section 496d that he received a stolen vehicle (count 2). The court denied Anthony J.’s motion to dismiss count 2 brought after the close of the People’s case, and Anthony J. thereafter testified in his own defense. The court sustained the petition as to count 2 and dismissed count 1.

In April 2002, the court adjudged Anthony J. a ward of the court and placed him on probation under the supervision of his grandmother. In May 2002, the court held a restitution hearing and ordered that Anthony J. pay restitution under Welfare and Institutions Code section 730.6 in the amount of $5,334.10 to the person whose car was stolen.

No appeal was filed from the judgment sustaining the People’s petition on count 2. However, Anthony J. did timely appeal the restitution order. Further, Anthony J. filed a petition for writ of habeas corpus (petition) seeking to set aside the judgment. The petition and the appeal have been consolidated for disposition.

On the…