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Name: In re S.O.
Case #: B281863
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 06/28/2018
Summary

When a delinquent minor is placed on probation, the juvenile court may impose restitution for victim losses arising from uncharged conduct to foster rehabilitation. A car was stolen on two occasions, and the minor was driving the car following the second theft, using the keys taken during the first theft. The minor was charged with taking or driving a vehicle (Veh. Code, § 10851), but ended up admitting the allegation in an amended petition that he received stolen property (Pen. Code, § 496). He was placed on probation without being declared a ward (Welf. & Inst. Code, § 725, subd. (a)). The juvenile court found the minor had been involved in the first, uncharged theft of the car and ordered him to pay for all damages to the vehicle, which had been damaged during each theft. The minor appealed, arguing the court erred in imposing restitution for losses arising from the uncharged conduct. Held: Affirmed. A juvenile court has authority to order a minor to pay restitution in an amount sufficient to reimburse the victim for all determined economic losses incurred as a result of the charged criminal conduct. (Welf. & Inst. Code, § 730.6.) Where a minor is declared a ward and placed on probation, the court may impose any and all conditions that are proper to rehabilitate the minor and to serve the ends of justice (Welf. & Inst. Code, § 730, subd. (b)). The same is true for minors who are placed on probation without being declared wards (Welf. & Inst. Code, § 725). Absent finding extraordinary reasons not to do so, the juvenile court must order restitution for all economic losses caused by the minor’s charged criminal conduct. When the minor is placed on probation, the court has broader authority to impose restitution for related but uncharged conduct to foster rehabilitation. Here, the evidence allowed a reasonable inference that the minor was involved in the first, uncharged taking of the vehicle. Further, requiring the minor make full restitution to the victim furthers the rehabilitative goals of probation.

The full opinion is available on the court’s website here: http://www.courts.ca.gov/opinions/documents/B281863.PDF