In re Jason D.
Filed 8/2/06 In re Jason D. 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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)
In re JASON D., a Person Coming Under the Juvenile Court Law. | |
THE PEOPLE, Plaintiff and Respondent, v. JASON D., Defendant and Appellant. | C049978
(Super. Ct. No. JV119011)
|
Minor Jason D. admitted that he was within the provisions of Welfare and Institutions Code section 602 in that he resisted arrest. (Pen. Code, § 148, subd. (a)(1).) In exchange, an allegation of arson (Pen. Code, § 451, subd. (d)) was dismissed with a Harvey waiver for purposes of restitution.[1] The minor was adjudged a ward of the court, committed to the custody of his parents, and ordered to complete 60 days on electronic monitoring. Following a contested restitution hearing, the minor was ordered to make restitution to the victim, the Elk Grove Fire Department (hereafter the Department), in the amount of $919.00.
On appeal, the minor contends (1) the Department was not entitled to restitution because it was not a direct victim of the arson, and (2) if the Department was entitled to restitution, it was not entitled to a â€