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Name: In re I. M.
Case #: A105503
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/20/2005
Subsequent History: Revw den. 5/11/05

A court may order a minor who was an accessory after the fact to murder to pay restitution to a victim’s family for funeral expenses. The juvenile court found true allegations that the minor had acted as an accessory to murder and that he had committed that offense for the benefit of a criminal street gang, and ordered him to pay funeral expenses to the victim’s family. After rejecting the minor’s contentions that his conviction violated the corpus delecti rule and that both the substantive offense and the enhancement were not supported by sufficient evidence, the appellate court went on to find that the juvenile court had not erred in ordering the minor to make restitution for funeral expenses even though his conduct had not caused the victim’s death. Citing the broad authority granted to sentencing courts by Penal Code section 1203.1, the court rejected the minor’s due process argument and affirmed the restitution order.