In re K.E. CA1/3

Filed 3/27/14 In re K.E. CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

In re K.E., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A138286 K.E., (Alameda County Defendant and Appellant. Super. Ct. No. SJ12019213)

This is an appeal from an order imposing upon minor K.E. joint and several liability for $1,773.35 in restitution to the victim of his misdemeanor assault, Hayward Area Recreation and Park Ranger Jason McNie. Specifically, minor challenges the amount of restitution to the extent it includes a $28.50 charge for certain administrative fees incurred by the victim’s employer’s workers compensation insurer. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On July 3, 2012, a juvenile wardship petition was filed in Alameda County pursuant to Welfare and Institutions Code section 602 (section 602 petition), alleging that minor committed battery upon a peace officer engaged in the performance of his duties (Pen. Code, § 243, subd. (b))(count one), and assault upon a code enforcement officer

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engaged in the performance of his duties (Pen. Code, § 241, subd. (c)) (count two).1 These allegations stemmed from the following undisputed events of June 21, 2012. At about 2:00 p.m., minor attended a skateboarding event at Holland Skate Park organized by Robert Ferguson. After Ranger McNie approached Ferguson to inform him he was being cited for promoting an unauthorized event, minor and several other juveniles surrounded him, warning against issuing a citation. As the crowd’s agitation increased, minor and a few others aggressively approached Ranger McNie with clenched fists. Feeling threatened, Ranger McNie pulled out a canister of pepper spray and warned the juveniles to retreat. When they failed to do so, Ranger McNie sprayed three of them, including minor, with the pepper spray, prompting several of the juveniles to jump on him. Minor, in particular, placed his hands on the ranger’s neck and helped the other juveniles force him to the ground in an attempt to grab the pepper spray. Ranger McNie struggled with the juveniles and attempted to detain them, at which point they ran away. While scratches on his forearm were the only visible injuries the day of the attack, the next day, Ranger McNie sought medical attention at the hospital for a headache and soreness in his neck, back, hip and knee. He was prescribed Motrin and Valium for pain. On July 9, 2012, minor admitted committing the assault offense identified in count two, and count one was dismissed at the prosecutor’s request. At the subsequent disposition hearing on July 23, 2012, the juvenile court declared minor a ward of the court and placed him on probation subject to various terms and conditions. The juvenile court reserved the issue of restitution for a later hearing. In preparation for the restitution hearing, the probation officer submitted a report recommending that the court order restitution to Ranger McNie (hereinafter, the victim) in the amount of $1,773.35. The report was accompanied by documentation from York Insurance Group (York), the victim’s employer’s workers compensation insurer, which provided an itemized list of expenses incurred in connection with the victim’s various