In re P.T. CA5

Filed 1/11/16 In re P.T. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

In re P.T., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, F071318

Plaintiff and Respondent, (Super. Ct. No. 513414)

v. OPINION P.T.,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Valli Israels, Judge. Thomas W. Casa, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Clara M. Levers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Poochigian, J.

Minor P.T. appeals a restitution order made pursuant to Welfare and Institutions Code1 section 730.6. He contends there was insufficient evidence the victim suffered any economic loss from P.T.’s conduct and the court’s order was arbitrary and capricious. We affirm. FACTS AND PROCEDURAL HISTORY On July 4, 2013, Ripon police officers responded to a report of a car doing donuts on park property. P.T. and a companion (17-year-old D.P.) fled in a van with the officers in pursuit. The van reached speeds of 80 miles per hour and ran three stop signs before hitting a sycamore tree. At that point, the minors fled on foot. P.T. was apprehended and arrested, and he admitted that he was driving the van during the pursuit. Four days later, the San Joaquin District Attorney filed a six-count juvenile wardship petition (§ 602) against P.T. He was charged with three felony offenses, evading arrest (Veh. Code, § 2800.2, subd (a); count 1), receiving stolen property (Pen. Code, § 496, subd. (a); count 2), and vandalism (Pen. Code, § 594, subd. (a)(3); count 3), and three misdemeanor offenses, resisting a peace officer (Pen. Code, § 148, subd. (a)(1); count 4), driving without a license (Veh. Code, § 12500, subd. (a); count 5), and hit and run with property damage (Veh. Code, § 20002, subd. (a); count 6). On August 28, 2013, the parties reached a plea agreement whereby P.T. agreed to admit the allegations of evading arrest (count 1) and hit and run (count 6) with a maximum confinement of three years two months in exchange for dismissal of the remaining counts and, as stated by P.T.’s attorney, “regarding the vandalism count [count 3], there will be no request for restitution of this minor.” The juvenile court accepted P.T.’s admission of counts 1 and 6 as knowing, voluntary, and intelligent, and