In re J.C. CA6

Good Law
Court of Appeal of CaliforniaSeptember 24, 2015H041519California2,288 words

Opinion

Opinion

I. INTRODUCTION

In this juvenile delinquency proceeding, the minor, J.C., admitted that he committed battery causing serious bodily injury (Pen. Code, §§ 242-243, subd. (d)) and trespass (Pen. Code, § 602, subd. (m)). The minor was initially placed on probation with deferred entry of judgment (DEJ) (see Welf. & Inst. Code, § 790 et seq.), but he was subsequently terminated from DEJ and declared a ward of the court. On appeal, the minor contends that the juvenile court abused its discretion by ordering him to pay $300 in victim restitution for damage to the vehicle in which he was trespassing. For reasons that we shall explain, we will reverse the restitution order.

II. BACKGROUND

A. Trespass Offense On September 8, 2013, officers responded to a report of a disturbance involving four males in a parking lot. The officers found four males, including the minor, at the location. Two of the males were on bicycles. The minor and another male were seated inside of a Mercedes sport utility vehicle. An LCD panel inside the Mercedes was damaged—it had been “forcibly removed from the vehicle’s dashboard,” but it was still inside the car. The “data ribbon” of the LCD panel had…

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