People v. K.C. (In re K.C.)
Decision Date | 10 October 2013 |
Docket Number | C068161 |
Court | California Court of Appeals Court of Appeals |
Parties | In re K.C., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. K.C., Defendant and Appellant. |
CERTIFIED FOR PUBLICATION
(Super. Ct. No. SC RD JDSQ102842001)
APPEAL from an order of the Superior Court of Shasta County, Daniel E. Flynn, Judge. Affirmed.
Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Charles A. French, Supervising Deputy Attorney General, and Doris A. Calandra, Deputy Attorney General, for Plaintiff and Respondent.
K.C. (the minor) appeals the order of the juvenile court converting the balance of his victim restitution order into a civil judgment. The minor contends that, because he was granted a program of informal supervision under Welfare and Institutions Codesection 654.2,1 he was never adjudicated a ward of the court under section 602. As such, the minor continues, the court erred in converting his restitution order to a civil judgment under section 730.6, as that section applies only to adjudicated juveniles. We find the minor agreed to the applicability of section 730.6 as a condition of his informal supervision. Accordingly, he is estopped from raising this claim on appeal.
In November 2009 the 16-year-old minor and another minor threw full water bottles and frozen yogurts out of a school bus window at oncoming traffic. One of the items shattered a driver's windshield. The driver of the car suffered injuries that required medical attention. The accident also caused damage to his car. On April 2, 2010, the People filed a petition seeking to have the minor adjudicated under section 602.
The prosecution and minor's counsel agreed that, except for the issue of restitution, it was appropriate to handle the case under section 654.2. The court found the minor eligible for informal supervision and set a suitability hearing for July 7, 2010. Probation recommended granting the minor section 654.2 informal supervision. The probation report also indicated the victim had submitted receipts for restitution totaling $4,248.14.
The juvenile court granted the minor section 654.2 informal supervision. As part of that grant, the minor agreed to various terms and conditions of supervision, including: school attendance, adherence to a curfew, participating in counseling, reporting to probation, completing 20 hours of community service, and writing an apology letter to the victim. The minor also agreed that: The issue of the amount of victim restitution was reserved.
Subsequently, minor's counsel agreed that the $4,248.14 amount requested by probation was an accurate amount. The juvenile court indicated "that will be an agreed upon amount and that condition of probation or that condition will be added to the informal probation." Accordingly, the juvenile court ordered the minor to pay the victim $4,248.14 in restitution, jointly and severally with his parents and the coparticipant minor and his parents.
In December 2010 the probation department recommended the minor be terminated from section 654.2 supervision and the petition dismissed, as the minor had completed his assigned sanctions and paid $124.07 toward restitution. His coparticipant had paid $50 toward restitution. The juvenile court terminated the supervisory terms and conditions of the informal supervision on December 29, 2010, but extended the program to allow restitution to be paid.
By the hearing on April 6, 2011, the minor had made an additional payment of $224.07 toward restitution. The court believed, although the minor had been granted informal supervision under section 654.2, it could utilize section 730.6 to convert the restitution order to a civil judgment. The People agreed, but minor's counsel did not. The court requested briefing from the parties and the matter was continued.
Following argument and briefing on the issue of the applicability of section 730.6, the court ruled: The juvenile court noted a minor placed on section 654 informal supervision could be ordered to pay restitution. The juvenile court continued, Accordingly, the juvenile court ordered probation terminated, the petition dismissed, and the balance of restitution converted to a civil judgment pursuant to section 730.6.
On appeal minor argues it was improper to convert the restitution order to a civil judgment under section 730.6 because that section applies only to adjudicated minors and he was never adjudicated. We agree with minor, as far as his argument goes. On the facts of this case, however, we find that in accepting the terms and conditions of informal supervision, the minor agreed that the restitution order could be converted to a civil judgment as provided in section 730.6. As such, he is estopped from raising this claim on appeal.
Section 654.2 provides in relevant part: (§ 654.2, subd. (a), italics added.)
"[T]he purpose of the section 654 informal supervision program is to avoid a true finding on criminal culpability which would result in a criminal record for the minor." (In re Adam R. (1997) 57 Cal.App.4th 348, 352.) Thus, a true finding under section 602 is inherently inconsistent with a program of informal supervision under section 654.2. (In re Omar R. (2003) 105 Cal.App.4th 1434, 1438; In re Abdirahman S. (1997) 58 Cal.App.4th 963, 968...
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