People v. K.C.

Filed 10/10/13 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta)

In re K.C., a Person Coming Under the Juvenile Court Law. C068161 THE PEOPLE, (Super. Ct. No. SC RD Plaintiff and Respondent, JDSQ102842001)

v.

K.C.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Shasta County, Daniel E. Flynn, Judge. Affirmed.

Candice L. Christensen, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Charles A. French, Supervising Deputy Attorney General, and Doris A. Calandra, Deputy Attorney General, for Plaintiff and Respondent.

K.C. (the minor) appeals the order of the juvenile court converting the balance of his victim restitution order into a civil judgment. The minor contends that, because he was granted a program of informal supervision under Welfare and Institutions Code

1

section 654.2,1 he was never adjudicated a ward of the court under section 602. As such, the minor continues, the court erred in converting his restitution order to a civil judgment under section 730.6, as that section applies only to adjudicated juveniles. We find the minor agreed to the applicability of section 730.6 as a condition of his informal supervision. Accordingly, he is estopped from raising this claim on appeal. BACKGROUND2 In November 2009 the 16-year-old minor and another minor threw full water bottles and frozen yogurts out of a school bus window at oncoming traffic. One of the items shattered a driver‟s windshield. The driver of the car suffered injuries that required medical attention. The accident also caused damage to his car. On April 2, 2010, the People filed a petition seeking to have the minor adjudicated under section 602. The prosecution and minor‟s counsel agreed that, except for the issue of restitution, it was appropriate to handle the case under section 654.2. The court found the minor eligible for informal supervision and set a suitability hearing for July 7, 2010. Probation recommended granting the minor section 654.2 informal supervision. The probation report also indicated the victim had submitted receipts for restitution totaling $4,248.14. The juvenile court granted the minor section 654.2 informal supervision. As part of that grant, the minor agreed to various terms and conditions of supervision, including: school attendance, adherence to a curfew, participating in counseling, reporting to probation, completing 20 hours of community service, and writing an apology letter to the victim. The minor also agreed that: “The orders of victim restitution, the state restitution fine and/or any other court ordered fines or fees are to remain in effect until