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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

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 Code section 707, subdivision (b) or is a sex offense listed in Penal Code section 290, dismissal of a non-qualifying sustained petition to reach an earlier qualifying sustained petition may result in an abuse of discretion. In 2005, V.C. admitted a petition alleging oral copulation with a minor (Pen. Code, sec. 288a, subd. (b)(1)), and was adjudged a ward of…

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Name: In re H.D.
Case #: H033462
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 06/03/2009

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 maximum confinement time at DJF at 11 years, 8 months. The clerk's transcript reflects a maximum term of 12 years, 8 months. At a subsequent hearing regarding the discrepancy, the court stated that the appropriate term was 11 years, 8 months, but the maximum term was 12 years, 8 months. The appellate court found that…

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Name: In re Ashlie M.
Case #: C058043
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/29/2009

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 count of misdemeanor driving without a valid license (Veh. Code, sec. 12500, subd. (a)), and a factual finding by the court. According to the evidence heard by the court, the minor, then a high school student, was driving home alone from work at approximately 9:00 p.m. She had a learner's permit but was not licensed to drive. En route, she…

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Name: In re K.F.
Case #: H032977
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/29/2009

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 the specified cost. The juvenile court sustained a petition for assault likely to produce great bodily injury and an enhancement for personal infliction of great bodily injury (Pen. Code, sec. 12022.7, subd. (a)), the injury being a broken finger. The court placed the minor on probation with a condition requiring him to make restitution in a specified amount. At the…

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Name: In re T.C.
Case #: C058834
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2009

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 People v. Harvey (1979) 25 Cal.3d 754. On appeal, he contended that the juvenile court erred in ordering restitution on the dismissed count. The appellate court rejected the argument, holding that a Harvey waiver was not required. The juvenile court has broad discretion to impose any reasonable condition of probation for the purposes of rehabilitation. Harvey is inapplicable to juvenile…

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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

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 than adults. R.V. was granted juvenile probation after admitting vandalism and receiving stolen property with a gang enhancement. He violated his probation and on the recommendation of the probation officer, the court reinstated probation with a requirement that R.V. wear a global positioning unit to test R.V.'s ability to remain law abiding. Noting that a minor's constitutional…

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Name: In re J. M.
Case #: F054783
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/21/2009

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 a period in excess of the maximum term of imprisonment imposed on an adult convicted of the same offense. To give meaning to this mandate, a juvenile is entitled to credit for days detained in a secure facility pending placement in a group…

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Name: In re Walter P.
Case #: C056550
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/15/2009

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 of not more than $100 for the possession of less than an ounce of marijuana. The juvenile court placed the minor on probation with conditions that he spend 45 days on home supervision and complete 8 days in a juvenile work project program. On appeal, the minor argued that the additional conditions were invalid because the maximum…

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Name: In re M. W.
Case #: F054526
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/12/2008

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 health services are not recoverable under Welfare and Institutions Code section 730.6, subdivision (h) because, unlike the adult restitution statute (Pen. Code, sec. 1202.4), they are not expressly authorized. The appellate court rejected the argument, finding that the statute is to be read expansively, and the words that the victim is entitled to restitution for "all determined losses," rather than…

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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

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 he committed was first or second degree should result in an order that it was second degree. The minor relied on Penal Code sections 1192 and 1157, both of which have been held applicable to delinquency proceedings. The appellate court noted, however, that the statutes do not apply where an accusatory pleading does not charge a crime distinguished or divided…

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