In Re Thomas R.

People v. Thomas R.

Good Law
1991 Cal. App. LEXIS 1513·2 Cal. App. 4th 738·3 Cal. Rptr. 2d 499·92 Daily Journal DAR 844·92 Cal. Daily Op. Serv. 575
Court of Appeal of CaliforniaDecember 17, 1991H008351California1,665 words

Opinion

Opinion

Premo, J.

Twelve-year-old Thomas R. appeals from a judgment declaring him to be a ward of the juvenile court, contending that the court’s restitution order is ambiguous and that reversal and remand for imposition of an order specifying the amount to be paid to the victim are needed. The People originally agreed that the trial court should have set the amount of restitution and had “no objection to this Court ordering a remand for that purpose.” However, in response to a query by this court, they now contend that the appeal is premature. We agree and dismiss.

Facts

On March 22, 1991, appellant entered a plea of no contest to a petition alleging that he came within the provisions of Welfare and Institutions Code section 602 because of a violation of Penal Code section 288, subdivision (a). However, appellant contested the issue whether he knew the wrongfulness of his conduct. (Pen. Code, § 26.) There was a court trial, and the court sustained the petition.

The court placed appellant on probation and stated a number of conditions. The court also ordered appellant to pay restitution to the victim, but did not identify the losses to which restitution pertained or specify the total…

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