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Name: In re T.C.
Case #: H038065
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 11/09/2012

Restitution order issued in conjunction with Deferred Entry of Judgment (DEJ) is not an appealable order. The minor admitted a car theft and was granted DEJ. As a condition of participating in the DEJ program, the minor was required to make restitution to the car owner, including over $2000 in interest the owner had paid on the car loan. On appeal, the minor contested the interest-based restitution order. The minor argued that he was not appealing from the DEJ order, but from an order imposing restitution as a condition of probation, and therefore the order was appealable. The appellate court disagreed and dismissed the appeal. The restitution order was encompassed within the juvenile court’s grant of DEJ, which was not an appealable order. The court also rejected the minor’s argument that he must appeal the order now or will never be able to do so. Review of the order may be available if he fails to successfully complete probation, DEJ is lifted, and judgment entered.