In re Christopher L.

Filed 2/14/07  In re Christopher L. CA3

NOT TO BE PUBLISHED

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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(Sacramento)

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     In May 2005, an original petition was filed alleging that minor Christopher L. was within the provisions of Welfare and Institutions Code section 602 in that he committed misdemeanor battery upon a school employee.  (Pen. Code, § 243.6.)  In October 2005, a subsequent petition was filed alleging that he committed misdemeanor battery upon 16-year-old T.A IV.  (Pen. Code, § 242.)  In December 2005, the minor admitted the allegation of the subsequent petition, and the original petition was dismissed in the interest of justice.  The minor was placed on probation for nine months.  He was ordered to pay restitution to T.A. IV in an amount to be determined later.

     The victim's father, T.A. III, requested a total of $3,618 as restitution for T.A. III's broken prescription sunglasses and for wages lost by both parents while attending court with their son.

     In February 2006, the juvenile court ordered the minor to pay $298 as restitution for the broken prescription sunglasses.  Following a contested hearing in May 2006, the court ordered the minor to pay $861.84 as restitution to the parents for their lost wages.

     On appeal, the minor contends the award of restitution for lost wages was an abuse of discretion because the parents were not subpoenaed to court and did not testify.  We shall affirm the judgment.

FACTS^[1]

     Original petition

     In May 2005, Max Conrad, a hall monitor at the minor's high school, was in the principal's office with the minor.  The principal was speaking to the minor and T.A. IV about a dispute over a backpack.  The minor alleged that T.A. IV had stolen the backpack from him.  The minor became agitated and began yelling at T.A. IV.  The minor threatened to fight T.A. IV, and stood up as if to carry out his threat.  Mr. Conrad blocked the minor by standing in front of him.  The minor pushed Mr. Conrad away, causing him to lose his balance, fall backward, and hurt his back.

     Subsequent petition

     Three months later, in September 2005, T.A. IV and his family went to an ice cream parlor.  As they sat in the store eating ice cream, the minor approached them yelling, â€