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Name: In re Dina V.
Case #: A115702
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 05/25/2007

Restitution for the cost of the repair of a stolen vehicle was proper even where it exceeded the replacement value. The minor admitted an allegation charging her with vehicle theft, and was placed on probation, with $4,419.72 restitution ordered, the cost of repairing the vehicle. On appeal, the minor argued that the court abused its discretion by ordering an amount of restitution which exceeded the replacment value of the damaged car. The appellate court disagreed and affirmed the order. Welfare and Institutions Code section 730.6 allows for restitution for either the replacement cost of the property or the cost of repairs. Under the circumstances of this case, it was not an abuse of discretion to order the amount necessary for repair of the vehicle. Limiting the amount to the replacement cost as it would be calculated in a civil case is neither required nor logical. It should not be the victim’s burden to find a similar vehicle for the replacement value cost.