In re David L.
On August 26, 2005, the Santa Cruz County District Attorney's Office filed a petition under Welfare and Institutions Code section 602 to declare David L., a minor, a ward of the court. The petition, as later amended, alleged five counts of felony vandalism and one count of possession of marijuana. (Pen. Code, S 594, subd. (a); Health and Saf. Code, S 11357, subd. (e).) After the minor was deemed eligible for deferred entry of judgment (S 790), he admitted all counts and was advised that he faced a maximum commitment of five years and eight months. The juvenile court then granted deferred judgment for two years.
On February 3, 2006, the district attorney filed a second petition. As amended, it alleged five counts of misdemeanor possession of marijuana. (Health and Saf. Code, S 11357, subd. (b).)
On February 7, 2006, the minor denied the allegations in the second petition, and the court held a restitution hearing concerning the acts of vandalism. On February 22, 2006, the minor admitted two counts of possession, the other three were dismissed, deferred entry of judgment was revoked, the minor was declared a ward of the court, and the restitution hearing was concluded. The minor and other minors were found jointly and severally liable for (1) $3,900.00 for damage to a retaining wall owned by Catherine and Jeffery Thermond; and (2) $2,567.47 for damage to a train trestle and two retaining walls belonging to the City of Capitola (City).
The minor appeals from the restitution order. He claims the court abused its discretion in including in the amount of restitution to the City the cost of repainting a retaining wall a second time.
Court agree and reverse the restitution order.
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