People v. Joshua R.

A Welfare and Institutions Code section 602 petition alleged Joshua R. maliciously inflicted less than $1,000 in damage to property belonging to another and tampered with a motor vehicle. Both counts were sustained. The minor contends the juvenile court improperly delegated the task of determining the amount of restitution to the probation officer. We agree and modify the probation order accordingly.

Welfare and Institutions Code section 729.6, subdivision (a)(1) provides, “the court shall require . . . that the minor make restitution . . . fl[] [t]o the victim.” But it is well settled that the court may not simply delegate the determination of the amount to the probation officer. (See People v. Cervantes (1984) 154 Cal.App.3d 353, 361 [ 201 Cal.Rptr. 187 ].) 1 Here, the minute order requires the minor to “make restitution to [the] victim pursuant *1254 to [section] 729.6(a)(1) of W & I Code ... in [an] amount and manner as directed by probation officer. ” (Italics added.) This was error.

The amount of restitution is for the court to decide unless the minor consents to a delegation of this function to the probation officer in the first instance. Nothing in the record…