In re Junior N. CA1/2

Filed 5/2/13 In re Junior N. CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIRST APPELLATE DISTRICT

DIVISION TWO

In re JUNIOR N., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, A136155 v. JUNIOR N., (San Francisco City & County Super. Ct. No. JW10-6554) Defendant and Appellant.

The juvenile court adjudged defendant a ward of the court under Welfare and Institutions Code section 602, subdivision (a). After a contested restitution hearing, the court ordered defendant to pay victim restitution in the amount of $3,246.80. Defendant contends the lower court abused its discretion in issuing the restitution order because insufficient evidence in the record supports this amount. We affirm the lower court’s order. BACKGROUND On August 1, 2011, a supplemental wardship petition (Welf. & Inst. Code, § 602, subd. (a)) was filed alleging defendant committed assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1)), and that defendant personally inflicted great bodily injury on another during the offense (Pen. Code, § 12022.7). In count 2, the petition alleged that defendant made criminal threats (Pen. Code, § 422).

1

The underlying offense, as set forth in the probation report, stated that on July 1, 2011, the mother of Jermaine B. (the victim’s mother) heard yelling outside her home and noticed that her 14-year-old son was on the ground. He was being kicked and punched by five youths, including defendant. A passerby rescued Jermaine and people detained the suspects. At a lineup, the victim’s mother identified defendant as the primary aggressor in the assault of her son. The police reports described Jermaine as slipping in and out of consciousness after the assault. He was diagnosed with a fractured nose and a fractured orbital bone below his left eye. He was throwing up uncontrollably during discharge from the hospital and it was discovered that he had a blood clot behind his left eye that had ruptured. On February 15, 2012, defendant admitted the allegation that he committed assault by means of force likely to produce great bodily injury and that he personally inflicted great bodily injury. The criminal threat allegation was dismissed. The probation officer submitted a claim for restitution on April 18, 2012. The mother of the victim submitted a handwritten claim that indicated she paid out-of-pocket medical bills in the amount of $8,067.62, she paid an eye doctor bill of $400, and she spent $50 for nasal spray and Visine. She also claimed that she lost $1,500 for missing a month of work to care for her son. Additionally, she requested $300 in gas expenses for transporting her son to his many medical appointments. An “emergency rebill” from St. Luke’s Hospital dated February 26, 2012, set forth charges in the amount of $8,067.62, and indicated a balance of zero due. The bill provided that the charge of $8,067.62 consisted of $61.62 for “NO HCPCS,” $6,259 for “CT SCAN/HEAD,” and $1,747 for “Emergency Room.” This bill did not indicate that there had been any payments but clearly stated that a balance of zero was due. Defendant’s counsel submitted another “emergency rebill” from St. Luke’s Hospital, dated April 26, 2012. This bill listed total charges in the amount of $8,067.62, consisting of $61.62 for “NO HCPCS,” $6,259 for “CT SCAN/HEAD,” and $1,747 for “Emergency Room.” The bill indicated that the hospital had received payment of $410.59, and that there was an adjustment to deduct $7,657.03 for a balance of zero due.