In Re Brian K.

In a notice filed pursuant to Welfare and Institutions Code section 777, the juvenile court found that the minor Brian K. violated his probation and it imposed a $150 fine. We conclude, among other things, that section 777 by itself does not authorize the imposition of fines. But the court does have authority to impose fines in a section 777 proceeding pursuant to other statutory provisions. We strike the $150 fine and remand.

Facts

The district attorney filed a section 602 petition alleging that Brian K., a minor, committed misdemeanor petty theft. (Pen. Code, § 484, subd. (a).) Brian K. admitted the allegations of the petition. The juvenile court placed him on probation without wardship for a period not to exceed six months and ordered him to pay a $50 restitution fine.

Thereafter, the district attorney filed a section 777 notice alleging that Brian K. violated probation by being truant from school, possessing a marijuana pipe and using marijuana. Brian K. admitted the allegations. The juvenile court declared Brian K. a ward of the court under the supervision of the probation officer and permitted him to reside with his mother.

At the hearing, the court stated it…