People v. Brian N.
Synopsis
[CERTIFIED FOR PARTIAL PUBLICATION*]
[593]
Opinion
THE COURT
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Minor appellant Brian N. admitted committing a misdemeanor violation of causing a fire to a structure or forest land. (Pen. Code, § 452, subd. (c).) According to his probation report, 14-year-old Brian and a companion started a grass fire on a vacant field by playing with fireworks. The juvenile court adjudged Brian a ward of the court, placed him on formal probation with various terms and conditions, and ordered him to pay $1,195.41 in restitution to the California City Fire Department (Fire Department).
On appeal, Brian contends the juvenile court improperly failed to consider him for informal probation under Welfare and Institutions Code section 725, subdivision (a)
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because the amount of restitution exceeded $1,000. Brian also believes the juvenile court’s restitution order was unauthorized by law. We disagree with both arguments and affirm the disposition.
DISCUSSION
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I.
Informal Probation
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II.
Restitution to the Fire Department
When a minor is adjudged a ward of the court, the juvenile court must order restitution to reimburse a victim for “any economic loss” resulting from the minor’s conduct bringing him within the court’s jurisdiction. (§ 730.6, subds. (a)(1) & (h).) The juvenile court may order restitution to any legal entity that is a “direct victim” of an offense. (§ 730.6, subd. (k).) Brian claims the juvenile court imposed an unauthorized restitution order to the Fire Department because the firefighters were not the direct victims of the property damage and did not suffer any economic loss in putting out the fire.
“The standard of review of a restitution order is abuse of discretion. ‘A victim’s restitution right is to be broadly and liberally construed.’ [Citation.] ' “When there is a factual and rational basis for the amount of restitution ordered by the trial court, no abuse of discretion will be found by the
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