People v. Maxwell C.

Opinion

ABBE, J.

Appellant minor was adjudged a ward of the court upon his admission of allegations of a petition filed pursuant to Welfare and Institu

[265]

tions Code section 602.

1

The petition alleged the minor received and concealed stolen property as proscribed by Penal Code section 496. We find merit in appellant’s contention the court abused its discretion in ordering as a condition of probation that he pay restitution to the victim for all losses and damages suffered by the victim in the burglary of his auto wherein the goods were stolen.

During the disposition hearing the victim appeared and requested the full amount of his losses in the sum of $1,134.95. The losses included damage to the vehicle in securing entry thereto, vandalism and other damage done to the dash in removing the stereo. The stolen stereo unit, which appellant possessed, had been restored to the victim by the appellant’s father prior to the filing of the petition. The stereo unit was in damaged condition and required testing and repair, the costs of which were included in the total.

The information available to the court on disposition indicates appellant at all times denied responsibility for the burglary of the auto. He readily admitted knowingly receiving the stolen stereo. He refused to identify the person from whom he received the stereo. The court expressed doubts whether it had proper authority to impose full restitution for the burglary over appellant’s objection but did so because “. . . the Court believes the minor ripped off the property but did not plead to ripping off the property.” It is therefore necessary to determine whether a court has discretion to order a probationer to pay restitution for losses due to criminal conduct which was neither charged and found to be true nor admitted. For the reasons set forth below we conclude a court may not do so.

Restitution orders for juvenile offenders are specifically allowed by statute for minors adjudged wards of the court (§ 731) and have been upheld even where no statute specifically authorizes them.