In re J.P. CA1/3
J.P., a minor, appeals from two victim restitution orders. He contends, primarily, that his restitution hearings were fundamentally unfair because he was denied a meaningful opportunity to challenge the victims’ claims; the evidence was insufficient to support the amount of the restitution awards; and his legal representation was constitutionally inadequate. In a consolidated petition for writ of habeas corpus, J.P. contends his attorney’s failure to timely appeal from the first restitution order deprived him of effective assistance of counsel.
We agree that trial counsel was ineffective for failing to advise J.P. of his appeal rights and file a timely notice of appeal from the first order, so we deem his notice of appeal from the second order timely as to both. On the merits, we conclude that the proceedings at the first restitution hearing violated J.P.’s due process rights. Accordingly, we reverse the first restitution order and remand for a new hearing.
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