In Re GV

167 Cal.App.4th 1244 (2008) In re G.V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent,

v.

G.V., Defendant and Appellant.

No. E044318. Court of Appeals of California, Fourth District, Division Two.

October 27, 2008. [1247] Dacia A. Burz, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez and Lilia E. Garcia, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GAUT J.

The minor, G.V., appeals from a probation order requiring both payment of restitution and community service hours following his admission of one count of vandalism (Pen. Code, § 594, subd. (b)(1)) in a wardship petition. (Welf. & Inst. Code, § 602.)[1] He argues the juvenile court could impose either restitution or community service hours, but not both. We affirm.

BACKGROUND

On September 17, 2007, the minor went to various homes in Victorville selling subscriptions for a fundraiser. When two separate homeowners denied the minor entrance into their respective homes, the minor became angry and scratched their cars with the letters "LA" and "IE." The letters were approximately 14 inches in height.

A wardship petition was filed in the juvenile court alleging two counts of vandalism. (Pen. Code, § 594, subd. (b)(1).) On September 20, 2007, the minor admitted one count of vandalism in return for a dismissal of the remaining allegation. At the disposition hearing, the court declared the minor to be a ward of the court, and placed him on probation under home supervision. Among the conditions of probation, and over the minor's objection to the term (No. 43) requiring 100 hours of community service time, the minor was ordered to pay victim restitution for the damage to the victims' cars, and to perform the community service in a graffiti abatement program. The minor appealed.