Disposition Phase

Name: In re H.D.
Case #: H033462
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/03/2009
  • Categories: Delinquency (602), Disposition Phase

Remand was required to determine whether the juvenile court understood its discretion to impose less than the maximum term of confinement. The minor entered into a negotiated plea disposition and admitted the charges against him. The court orally set the…

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Name: V.C v. Superior Court
Case #: C059050
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/19/2009
  • Categories: Delinquency (602), Disposition Phase

Because Welfare and Institutions Code section 733, subdivision (c) allows commitment to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF), only when the most recent offense alleged in a petition is one listed in Welfare and Institutions…

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Name: In re Ashlie M.
Case #: C058043
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/29/2009
  • Categories: Delinquency (602), Disposition Phase, Probation, Probation / Parole / PRCS, Restitution, Sentencing

Restitution imposed by the juvenile court as a condition of probation is justified by a finding that appellant's conduct was a substantial cause of loss. The minor was adjudicated a ward of the juvenile court following her admission to one…

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Name: In re K.F.
Case #: H032977
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/29/2009
  • Categories: Delinquency (602), Disposition Phase, Probation, Probation / Parole / PRCS, Restitution, Sentencing

In a juvenile court case, evidence that the victim "incurred" a loss such that he or she will become liable or subject to costs resulting from the juvenile’s conduct, justifies the imposition of a condition of probation ordering restitution for…

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Name: In re T.C.
Case #: C058834
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2009
  • Categories: Delinquency (602), Disposition Phase, Plea Bargaining, Pleas, Restitution, Sentencing

The juvenile court did not err when it imposed restitution on count dismissed without a Harvey waiver. The minor was ordered to pay victim restitution on a count of the petition which had been dismissed without a waiver pursuant to…

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Name: In re R.V.
Case #: A121376
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 02/19/2009
  • Categories: Delinquency (602), Disposition Phase, Probation, Probation / Parole / PRCS

A condition of probation requiring a juvenile ward of the court to wear a global positioning system [GPS] device is not unconstitutional as it is expressly authorized by statute for adult offenders and broader conditions may be imposed on juveniles…

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Name: In re J. M.
Case #: F054783
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/21/2009
  • Categories: Credits, Delinquency (602), Disposition Phase, Sentencing

A minor is entitled to credit for time spent in juvenile hall following the disposition hearing but prior to placement. Welfare and Institutions Code section 726, subdivision (c) provides that a minor may not be held in physical confinement for…

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Name: In re Walter P.
Case #: C056550
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/15/2009
  • Categories: Delinquency (602), Disposition Phase

Probation conditions beyond the statutory fine were not an abuse of discretion by the juvenile court. The juvenile court found that the minor violated Health and Safety Code section 11357, subdivision (b), which allows for the imposition of a fine…

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Name: In re M. W.
Case #: F054526
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/12/2008
  • Categories: Delinquency (602), Disposition Phase, Restitution, Sentencing

Under Welfare and Institutions Code section 730.6, subdivision (h), the victim is entitled to restitution for the cost of mental health services directly incurred as a result of the crime committed by the minor. Appellant argued that costs of mental…

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Name: In re C.R.
Case #: B205565
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/09/2008
  • Categories: Delinquency (602), Disposition Phase

The juvenile court was not required to make an express finding of the degree of murder where the accusatory pleading specifically charged first degree. The minor argued on appeal that the juvenile court’s failure to expressly state whether the murder…

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