In re Dina V., A115702.
| Court | California Court of Appeals |
| Writing for the Court | Sepulveda |
| Citation | 59 Cal.Rptr.3d 862,151 Cal.App.4th 486 |
| Parties | In re DINA V., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. Dina V., Defendant and Appellant. |
| Docket Number | No. A115702.,A115702. |
| Decision Date | 25 May 2007 |
The People, Plaintiff and Respondent,
v.
Dina V., Defendant and Appellant.
[59 Cal.Rptr.3d 863]
Rachel Lederman, for Appellant.
Edmund G. Brown Jr., Dane R. Gillette, Gerald A. Engler, Catherine A. Rivlin, Martin S. Kaye, San Francisco, for Respondent.
SEPULVEDA, J.
The minor Dina V. admitted an allegation that she took a vehicle without the owner's permission (Veh.Code, § 10851, subd. (a))1; she was placed on probation in her parents' home and ordered to complete 30 hours of community service. A restitution hearing was held and the minor was ordered to pay the victim restitution in the amount of $4,419.72, which represented the cost of repairing the victim's vehicle. The minor appeals, arguing that the juvenile court abused its discretion by ordering an amount of restitution that exceeded the replacement value of the damaged car ($3,000). We disagree and affirm.
The underlying facts are not relevant to the determination of the sole issue presented by this appeal and therefore will not be discussed in detail. The legal issue presented is, simply stated, whether the appropriate amount of restitution is limited by the replacement value of the stolen vehicle. Welfare and Institutions Code section 730.6 states that in a juvenile case, "[t]he court shall order full restitution ... of a dollar amount sufficient to fully reimburse the victim ... for all determined economic losses incurred as the result of the minor's conduct ... including ... [¶] ... (1) Full or partial payment of the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible." (Italics added.) The question is whether the trial court has discretion to order the greater amount, when the cost to repair the stolen or damaged property exceeds the replacement cost.
The Fourth District previously answered this question in the negative, in the context of an adult criminal case. In People v. Yanez (1995) 38 Cal.App.4th 1622, 1624-1625, 46 Cal.Rptr.2d 1, the defendant was convicted of receiving stolen property. The trial court awarded over $7,300 in restitution pursuant to former Penal Code section 1203.04, subd. (d), based upon the cost of repairing the victim's stolen vehicle, despite undisputed evidence that the maximum value of the vehicle prior to its being stolen was $4,100.2 The court of appeal reversed, holding that the civil measure of damages, limited to the lesser of the cost of repair or the cost of replacement, should have been applied to determine the amount of restitution, if it resulted in full compensation to the victim. (Yanez, supra,
38 Cal.App.4th at pp. 1626-1627, 46 Cal.Rptr.2d 1.)
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In re Alexander A., D056674.
...restitution of $8,219.18 and found Alexander's parents jointly and severally liable in that amount. *852 Citing In re Dina V. (2007) 151 Cal.App.4th 486, 59 Cal.Rptr.3d 862 ( Dina V.), the court stated the restitution amount was reasonable because the victim should not have to go to the tro......
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The People v. B.H, A126480
...the order reflect the amount of damages that might be recoverable in a civil action....' [Citation.]" ' " (In re Dina V. (2007) 151 Cal.App.4th 486, 489-490, quoting from In re Brittany L., supra, 99 Cal.App.4th 1381, 1391.) Defendant protests that the court erred by computing the value of ......
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In re Laurance S., S-06-1439.
...is consistent with the purposes of education, treatment, rehabilitation, and the juvenile's ability to pay. Compare In re Dina V., 151 Cal.App.4th 486, 59 Cal. Rptr.3d 862 We have considered appellants' remaining arguments made in connection with their assignments of error, and we conclude ......
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In re Jessica C., F051144.
...value of having teenagers assist with household chores, the court expressed concern that the children not have full responsibility for 59 Cal.Rptr.3d 862 daily living chores. The court also did not believe that Gerald was capable of keeping the children away from drugs, although the court b......
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In re Alexander A., D056674.
...restitution of $8,219.18 and found Alexander's parents jointly and severally liable in that amount. *852 Citing In re Dina V. (2007) 151 Cal.App.4th 486, 59 Cal.Rptr.3d 862 ( Dina V.), the court stated the restitution amount was reasonable because the victim should not have to go to the tro......
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The People v. B.H, A126480
...the order reflect the amount of damages that might be recoverable in a civil action....' [Citation.]" ' " (In re Dina V. (2007) 151 Cal.App.4th 486, 489-490, quoting from In re Brittany L., supra, 99 Cal.App.4th 1381, 1391.) Defendant protests that the court erred by computing the value of ......
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In re Laurance S., S-06-1439.
...is consistent with the purposes of education, treatment, rehabilitation, and the juvenile's ability to pay. Compare In re Dina V., 151 Cal.App.4th 486, 59 Cal. Rptr.3d 862 We have considered appellants' remaining arguments made in connection with their assignments of error, and we conclude ......
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In re Jessica C., F051144.
...value of having teenagers assist with household chores, the court expressed concern that the children not have full responsibility for 59 Cal.Rptr.3d 862 daily living chores. The court also did not believe that Gerald was capable of keeping the children away from drugs, although the court b......
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Restitution
...value. Thus, an order for $4,400.00 of repairs was affirmed even though replacement value was only $3,000.00. In re Dina V (2007) 151 Cal.App.4th 486. Cf. People v. Yanez (1995) 38 Cal.App.4th 1622. §14:34.7 Original Parts v. Recycled Parts Although the cost of repairing a damaged vehicle ......
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Table of cases
...§7:66.4 In re Dennis B. (1976) 18 Cal.3d 687, §2:11.3 In re Devon T. (Md.Ct.App. 1991) 584 A.2d 1287, Appendix E In re Dina V . (2007) 151 Cal.App.4th 486, §§14:34, 14:34.6, 14:49.2 In re Doe Children, 402 NYS2d 958 (N.Y., 1978), §9:35.8 In re Dwayne G., 411 NYS2d 180 (N.Y., 1978), §9:35.8 ......