In re K.S. CA3

Filed 6/10/15 In re K.S. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COPY IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re K.S., a Person Coming Under the Juvenile Court C077092 Law.

THE PEOPLE, (Super. Ct. No. JV134240)

Plaintiff and Respondent,

v.

K.S.,

Defendant and Appellant.

In this juvenile delinquency case Kayla S. (the minor) contends the juvenile court’s order of victim restitution was inadequately supported by the evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In August 2012, a petition was filed under Welfare and Institutions Code section 602, subdivision (a),1 alleging that the minor had committed two counts of felony

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

1

vandalism. (Pen. Code, § 594, subd. (b)(1).) Count 1 alleged that the minor caused extensive water damage to the home of Kendrick Y.; count 2 alleged that the minor defaced the home’s walls and floor with graffiti. In June 2013, the minor admitted count 2; count 1 was dismissed in the interests of justice on condition that the juvenile court could consider the dismissed count at the time of disposition. The court adjudged the minor a ward of the court, placed her on probation, and ordered her to make restitution to Kendrick Y. in an amount to be determined at a subsequent hearing. According to the probation officer’s intake report, the victim contacted the Sacramento Police Department on August 13, 2012, to report a burglary at his vacant rental property. Paint had been thrown on the walls and the floors. The upstairs sink was clogged with T-shirts and water had been left running, flooding the entire second floor and part of the first floor, causing structural damage. The victim estimated the damages to the inside of the house at over $50,000. The officers who came to the scene noted massive damage to the interior of the property. The walls and floors were saturated with water and there was standing water inside the structure. Investigation led the officers to minors R.O. and T.D. (co-minors). After being arrested and waiving their Miranda2 rights, they admitted taking part in the vandalism along with the minor, who was R.O.’s girlfriend. R.O. and T.D. said the three minors had gone to the house, knowing it was vacant, and stayed there for two days. Before leaving, they decided to vandalize the house by throwing paint on the walls and by clogging the upstairs sink and turning on the water. R.O. and T.D. both said the minor suggested the latter act.