In re Julian H. CA2/1

Filed 10/25/13 In re Julian H. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

In re JULIAN H., a Person Coming Under B246560 the Juvenile Court Law. (Los Angeles County Super. Ct. No. FJ48370)

THE PEOPLE,

Plaintiff and Respondent,

v.

JULIAN H.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Benjamin R. Campos, Juvenile Court Referee. Affirmed as modified. Jennifer Gerard, under appointment of the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, Shira B. Seigle, Deputy Attorney General, for Plaintiff and Respondent. _________________________

SUMMARY The juvenile court sustained count 1 of a petition under Welfare and Institutions Code section 602, finding that appellant, minor Julian H., committed the crime of petty theft in violation of Penal Code section 484, subdivision (a),1 on March 9, 2012. The juvenile court dismissed count 2 of the petition which alleged that appellant committed petty theft on February 23, 2012. Appellant contends there is insufficient evidence to sustain count 1 of the petition. In addition, he contends the ordered restitution amount of $300 is incorrect and the correct amount is $298. Respondent notes the orally imposed restitution order was not reflected in the minute order and asks that the minute order be corrected to comport with the oral pronouncement. We remand to the trial court with directions to correct the minute order and in all other respects affirm the adjudication order.