In re J.C. CA6

Filed 9/24/15 In re J.C. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

IN RE J.C., a Person Coming Under the H041519 Juvenile Court Law. (Santa Clara County Super. Ct. No. JV40356)

THE PEOPLE,

Plaintiff and Respondent,

v.

J.C.,

Defendant and Appellant.

I. INTRODUCTION In this juvenile delinquency proceeding, the minor, J.C., admitted that he committed battery causing serious bodily injury (Pen. Code, §§ 242-243, subd. (d)) and trespass (Pen. Code, § 602, subd. (m)). The minor was initially placed on probation with deferred entry of judgment (DEJ) (see Welf. & Inst. Code, § 790 et seq.), but he was subsequently terminated from DEJ and declared a ward of the court. On appeal, the minor contends that the juvenile court abused its discretion by ordering him to pay $300 in victim restitution for damage to the vehicle in which he was trespassing. For reasons that we shall explain, we will reverse the restitution order.

II. BACKGROUND A. Trespass Offense On September 8, 2013, officers responded to a report of a disturbance involving four males in a parking lot. The officers found four males, including the minor, at the location. Two of the males were on bicycles. The minor and another male were seated inside of a Mercedes sport utility vehicle. An LCD panel inside the Mercedes was damaged—it had been “forcibly removed from the vehicle’s dashboard,” but it was still inside the car. The “data ribbon” of the LCD panel had been cut. The minor and his companion were both arrested. No weapons or contraband were found on them or on the other two males. Both the minor and his companion said that the LCD panel was already damaged when they got into the Mercedes and that they had been “just hanging out” inside the vehicle. The registered owner of the Mercedes, Quang Hoang, responded to the scene after being contacted by officers. Hoang owned a business at the location where his vehicle had been parked. He did not know if he had left the vehicle locked or unlocked. He estimated the damage to be $1,500. In a victim impact statement that he subsequently submitted, Hoang indicated he had not repaired the stereo system yet nor submitted an insurance claim. The vehicle was non-operational because its transmission needed repair. He planned to fix the transmission first and then look into replacing the stereo system. During an interview with the probation officer, the minor reiterated his claim that he and his companion had not damaged Hoang’s vehicle. According to the minor, he and his companion had gotten into the vehicle just to smoke marijuana. B. Battery Offense On August 20, 2013, officers responded to a report of a fight at a high school. The minor had punched another student repeatedly, causing the other student to suffer a nasal fracture.