In re Robert M

Filed 5/24/06 In re Robert M. CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

Robert M. appeals from a dispositional order placing him on probation following a juvenile court's finding that he committed assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)). He contends that the juvenile court abused its discretion in ordering him to reimburse the county for the services of the court appointed attorney. He also argues that the trial court erred in requiring him to provide a DNA sample pursuant to Penal Code section 296, subdivision (a)(1). We affirm.

I. FACTUAL BACKGROUND

On March 21, 2005, a supplemental petition was filed alleging that defendant committed an assault by means likely to produce great bodily injury on Stephen Y. The contested jurisdictional hearing was held on April 26, 2005. The evidence at the hearing showed that on March 13, 2005, Stephen, age 17, was at home with his brother and two friends when he heard a knock at his front door. Stephen opened the door and saw four boys, two of whom he recognized from school. One of the boys pulled him by his shirt collar, and ripped his shirt off. Stephen fell to the ground, was kicked in the head and hit in the stomach and back. Before he fell, he noticed that one of the boys had a bat and another had a pipe. Stephen's brother, Douglas, came to his aid, and with a golf club hit defendant who was punching Stephen in the head. Doug then pulled Stephen back into the house and called the police. Stephen identified defendant as one of the boys he saw at the front door. Stephen went to the hospital because he thought he had a concussion. He suffers from a bleeding disorder and required medication to help his blood clot.

Defendant was subsequently arrested and denied hitting Stephen. He, however, admitted that he sustained an injury on his left hand that required stitches as a result of being hit with the golf club.

The court sustained the allegations of the petition. At the dispositional hearing, the court placed defendant on probation on conditions including electronic monitoring for 60 days. The court further ordered that defendant's parents were liable for the costs of legal services rendered to the defendant. The court deemed defendant's offense to be a felony.

II. DISCUSSION

The court found defendant's parents liable pursuant to Welfare and Institutions Code section 903.1[1] for $1,000--the cost of the legal services rendered to defendant in this case.[2] Defendant now contends that the court abused its discretion in ordering his parents to reimburse the county for the cost of the legal services because the amount was arbitrary and the court did not conduct a hearing to determine his ability to pay. Defendant lacks standing to challenge the court's order.

Pursuant to Code of Civil Procedure section 902, only an aggrieved party has a right to appeal. (In re George B. (1991) 228 Cal.App.3d 1088, 1094.) â€