In re Anthony S.

People v. Anthony S.

Good Law
174 Cal. Rptr. 3d 522·2014 Cal. App. LEXIS 621·227 Cal. App. 4th 1352·2014 WL 3509769
Court of Appeal of CaliforniaJuly 16, 2014A140118California3,589 words

Opinion

Opinion

Brick, J.

Anthony S. admitted an assault with a firearm, in which he and a codefendant seriously wounded Melvin Houston, resulting in a hospital bill of over $400,000. The hospital has not attempted to collect from Houston, having determined that he was indigent and the debt was uncollectible. At a hearing to set restitution, a hospital representative testified that after a debt is written off as uncollectible, the hospital generally makes no further attempt to recover it. Nevertheless, the juvenile court ordered Anthony to pay $81,509.38 in restitution to Houston. On appeal, Anthony argues that the restitution order was contrary to Welfare and Institutions Code section 730.6 because there was insufficient evidence of economic loss to Houston. We disagree and affirm the restitution order.

BACKGROUND

Because the matter at issue on appeal is restitution, Anthony’s juvenile history and the facts of the underlying crime are not particularly relevant. It suffices to say that on April 11, 2011, Anthony, then 15 years old, admitted an assault with a firearm (Pen. Code, § 245, subd. (a)(2)), as well as great bodily injury and criminal street gang enhancements, that had been alleged in a…

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