People v. J.V.

Filed 11/26/14 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

In re J.V., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A140587 J.V., (Alameda County Defendant and Appellant. Super. Ct. No. OJ06002942-02)

J.V. (appellant), born September 1990, appeals from the juvenile court’s order for restitution and abstract of judgment entered October 31, 2013. He contends the order must be vacated because it was issued after he turned 21 years old, the age at which the juvenile court’s jurisdiction terminated by operation of law. We reject the contention and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND On November 9, 2006, a juvenile delinquency petition (Welf. & Inst. Code, § 602, subd. (a)1) was filed in San Joaquin Superior Court, alleging that then-16-year-old appellant unlawfully took or drove a motor vehicle (Veh. Code, § 10851, subd. (a); count 1), received stolen property (Pen. Code, § 496, subd. (a); count 2), and committed

1 All further statutory references are to the Welfare and Institutions Code unless otherwise stated.

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conspiracy (Pen. Code, § 182, subd. (a)(1); count 3). The information was based on an incident that occurred on November 9, 2006. That day, appellant and C.G., both 16 years old at the time, stole a 1993 Dodge Caravan (the Dodge) in Hayward and drove to Oakland, where they picked up appellant’s then-15-year-old brother. The three drove to Tracy, where they stole a Honda. When someone chased appellant as he drove the Honda, appellant abandoned the Honda and got back into the Dodge. Later that day, police officers stopped the Dodge in Tracy; appellant was driving. Inside the Dodge, the officers found property, including two portable CD players, power and carpentry tools, a tackle box, and three fishing poles, that had been stolen in other thefts and auto burglaries. On December 6, 2006, appellant entered a negotiated admission to count 1 as reduced to a misdemeanor, and counts 2 and 3 were dismissed. The San Joaquin County Superior Court transferred the matter for disposition to the Alameda County Superior Court, which accepted the case on December 28, 2006. The juvenile court established wardship at a January 25, 2007 dispositional hearing and placed appellant on probation in the custody of his parents. The court granted the probation officer’s request to continue the issue of restitution on the ground that the victim needed additional time to submit paperwork in support of his claim. On March 7, 2007, the juvenile court ordered appellant to pay restitution to the victim in the amount of $2,357.65, jointly and severally with a co-responsible. At a May 25, 2007 hearing, the probation officer stated that appellant had not made any payment towards the victim restitution fine, but that appellant had agreed to begin making bi-weekly payments. On July 18, 2007, the probation officer reported that appellant had paid $110 in restitution, leaving a balance of $2,247.65. The probation officer reported that appellant had agreed to pay $80 before the hearing, and $80 per month thereafter until the balance was paid in full. As of October 12, 2007, appellant had paid $251, leaving a balance of $2,106.65. On January 7, 2008, the probation officer filed a probation violation notice after appellant cut off his electronic monitoring device and ran away. On January 16, 2008,