In re C.E. CA3

Filed 3/5/15 In re C.E. CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

In re C.E., a Person Coming Under the Juvenile Court C076792 Law.

THE PEOPLE, (Super. Ct. No. JV134843)

Plaintiff and Respondent,

v.

C.E.,

Defendant and Appellant;

L.P., Appellant.

The minor C.E. admitted an allegation in a wardship petition (Welf. & Inst. Code, § 602)1 that he violated Vehicle Code section 23153, subdivision (a) by driving while under the influence of alcohol and causing bodily injury. He also admitted an

1 Undesignated statutory references are to the Welfare and Institutions Code.

1

enhancement allegation that he inflicted great bodily injury. (Pen. Code, § 12022.7, subd. (a).) The juvenile court placed the minor on probation with 90 days in juvenile hall. Following a contested restitution hearing, the juvenile court awarded $376,200 in victim restitution, specifying that the minor’s mother would be jointly and severally liable for $39,300. On appeal, the minor and his mother (collectively the minor) contend the juvenile court (1) failed to properly apply section 730.6 in awarding restitution for lost commission income, because section 730.6 required the victim to show a 12-month income pattern; and (2) failed to offset the restitution with income earned by the victim during the relevant time period. We conclude the juvenile court did not improperly apply section 730.6, and the restitution award included an offset for the victim’s earnings. We will affirm the juvenile court’s restitution order. BACKGROUND The minor drank seven beers and two shots at a friend’s house on July 22, 2012. He subsequently lost control of the car he was driving and collided head-on with another car driven by a victim who sustained numerous injuries including a compound fracture to his leg. The collision rendered the victim permanently disabled. A blood-alcohol test immediately after the accident showed that the minor had a blood-alcohol content of 0.08 percent. The victim completed and signed a restitution form identifying reimbursable losses consisting of $280,059 in medical expenses and $96,231 in lost wages. The victim also attached medical bills and the deposition of Patricia Motmans, who worked in the human resources department for the Von Housen Automotive Group. The victim had been hired by the Von Housen Automotive Group (Von Housen) as a sales associate in July 2012. Sales associates did not receive an hourly wage, but were compensated based