In Re Brian N.

People v. Brian N.

Bad Law
120 Cal. App. 4th 591·15 Cal. Rptr. 3d 337·2004 Cal. App. LEXIS 1096·2004 Daily Journal DAR 8423·2004 Cal. Daily Op. Serv. 6213
Court of Appeal of CaliforniaJune 23, 2004F044322California1,013 words

Opinion

Opinion

Vartabedian, J.

Minor appellant Brian N. admitted committing a misdemeanor violation of causing a fire to a structure or forest land. (Pen. Code, § 452, subd. (c).) According to his probation report, 14-year-old Brian and a companion started a grass fire on a vacant field by playing with fireworks. The juvenile court adjudged Brian a ward of the court, placed him on formal probation with various terms and conditions, and ordered him to pay $1,195.41 in restitution to the California City Fire Department (Fire Department).

On appeal, Brian contends the juvenile court improperly failed to consider him for informal probation under Welfare and Institutions Code section 725, subdivision (a) because the amount of restitution exceeded $1,000. Brian also believes the juvenile court’s restitution order was unauthorized by law. We disagree with both arguments and affirm the disposition.

DISCUSSION

I. Informal Probation

II. Restitution to the Fire Department

When a minor is adjudged a ward of the court, the juvenile court must order restitution to reimburse a victim for “any economic loss” resulting from the minor’s conduct bringing him within the court’s jurisdiction. (§ 730.6, subds. (a)(1) &…

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