In re Nicholas M. CA1/5
In an amended juvenile wardship petition, the Marin County District Attorney alleged Nicholas M. committed misdemeanor oral copulation with another person under age 18. (Welf. & Inst. Code, § 602; Pen. Code, §§ 287, subd. (b)(1), 17, subd. (b)(4).) After Nicholas admitted the allegation, the Marin Juvenile Court sustained the petition; found him to be a person described in Welfare and Institutions Code section 602; and transferred the case to Contra Costa County, his county of residence, for disposition. The Contra Costa Juvenile Court then declared him a ward and placed him on probation, including a condition that he pay a $200 restitution fine. Though he did not object to the fine below, he now appeals, arguing it is an unauthorized sentence because the amount exceeds the statutory maximum. The People agree, and so do we.
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