GC

In this juvenile delinquency case (Welf. & Inst. Code, § 602), 14-year-old G.C. (minor) was granted deferred entry of judgment (§ 790 et seq.) on a single allegation of felony vandalism by graffiti (Pen. Code, § 594, subds. (a) & (b)(1)). One condition of his participation in the deferred entry of judgment process was that he pay restitution to the City of San Jose for the costs it incurred in cleaning up the graffiti. Several months later the minor filed a motion under section 742.16, subdivision (b), asking the court to reconsider the order because neither he nor his family had the ability to pay it. The juvenile court concluded that section 742.16, which requires the court to consider ability to pay when ordering restitution for graffiti abatement, did not apply in the deferred entry of judgment context. Accordingly, the court did not reach the merits of the motion.

In this petition for writ of mandate the minor contends that section 742.16 is applicable to his case and that the juvenile court erred in refusing to rule on the merits of his motion. After receiving preliminary opposition and the minor’s reply we issued an order to show cause why the writ should not…