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Name: In re Timothy N.
Case #: D061891
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/22/2013

In a juvenile proceeding, where minor negotiates a plea agreement guaranteeing a specific benefit in exchange for "successful" completion of probation, the agreement is interpreted according to contract principles. The minor admitted one count of residential burglary in exchange for an agreement that other counts would be dismissed and if minor "successfully" completed probation, the prosecutor would dismiss the burglary allegation and reduce the charge to a misdemeanor. The parties did not define "successful completion." Among conditions of probation, the minor was ordered to pay approximately $20,000 restitution jointly and severally with the others involved in the offenses. At a…

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Name: Luis M. v. Superior Court of Los Angeles County
Case #: B238460
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 10/31/2012
Subsequent History: Review Granted 2/13/2013: S207314

Restitution order that was based on a city's restitution model for graffiti cleanup, which included sums that were not economic losses by the direct victim of a minor's vandalism and did not consider any individualized facts, was abuse of discretion. The juvenile court found a section 602 petition alleging vandalism true. The vandalism stemmed from minor's placing graffiti on walls, signs, and other items belonging to a mobile home park and the City of Lancaster. The minor was placed on deferred entry of judgment and ordered to pay restitution. At the restitution hearing, the City estimated the cost to…

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