In re Alex G.

Filed 6/30/06 In re Alex G. CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

APPEAL from a judgment of the Superior Court of Los Angeles County. Rudolph A. Diaz, Judge. Affirmed in part, reversed in part and remanded with directions.

Ellen M. Matsumoto, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Marc E. Turchin, Supervising Deputy Attorney General, and David A. Wildman, Deputy Attorney General, for Plaintiff and Respondent.

SUMMARY

Minor appellant challenges the restitution ordered by the juvenile court after it sustained a Welfare and Institutions Code section 602 petition against him. Appellant also contends the clerk, not the court, improperly designated the offenses felonies and set the maximum confinement time. We conclude the maximum confinement time indicated on the minute order must be stricken and the case remanded to the juvenile court for a determination of whether the offenses were misdemeanors or felonies and a reconsideration of the amount of restitution to the victim. The order for restitution to the victim's insurer must be stricken.

FACTUAL AND PROCEDURAL BACKGROUND

Los Angeles Police Officer Brian Richardson observed appellant, then aged 17, parking a car stolen four days earlier.

The juvenile court sustained a Welfare and Institutions Code section 602 petition alleging appellant unlawfully drove or took a car and received stolen property. The court found both charges true, but declared that they â€