In re A.H. CA1/2

Filed 1/20/23 In re A.H. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 A.H., a Person Coming Under the Juvenile Court Law.

THE PEOPLE, Plaintiff and Respondent, v. A164645 A.H., (Contra Costa County Defendant and Appellant. Super. Ct. No. J21-00207)

Following minor A.H.’s admission to sexual battery by restraint against minor D.G., the juvenile court ordered the following restitution: $2,340 for counseling; $165 for seized clothing; $200 for a deposit on a service dog; and $4,550 for softball lessons. On appeal, A.H. contends that the court abused its discretion in ordering restitution for the service dog deposit and softball lessons. We disagree and affirm. BACKGROUND In May 2021, the Contra Costa County District Attorney filed a juvenile court wardship petition (Welf. & Inst. Code, § 602)1 alleging A.H. had

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

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committed forcible rape (Pen. Code, § 261, subd. (a)(2)) and sexual battery by restraint (Pen. Code, § 243.4, subd. (a)). According to the probation officer’s report, on April 23, 2021, A.H. met D.G. after her softball practice. They “ ‘kissed a few times’ ” while sitting in one of the dugouts. It started to get cold, so they went inside a nearby equipment shed. A.H. indicated that he wanted to put his penis in D.G.’s mouth. D.G. “ ‘kept saying no’ ” and told A.H. to stop, but A.H. continued his advances. D.G. got up to leave and A.H. grabbed her arm, pulled her back, and asked her again. D.G. replied “ ‘No’ ” several times. D.G. tried to leave again, but A.H. pulled her back and pushed her against a wall. A.H. pulled down D.G.’s pants as she pushed him and said “ ‘No,’ ” then inserted his penis into her vagina. A.H. put his penis into D.G.’s mouth and ejaculated. D.G. subsequently disclosed the incident to several of her friends, who urged her to confront A.H. and tell school administrators. On April 27, 2021, D.G. and her friends confronted A.H. and, unbeknownst to A.H., recorded the conversation on D.G.’s cell phone. During that conversation, A.H. stated that he “ ‘shouldn’t have done what [he] did,’ ” he “ ‘should’ve just stopped,’ ” that D.G. “ ‘kept saying no, but it was an iffy no,’ ” and that he was “ ‘sorry for what [he] did.’ ” On June 28, 2021, pursuant to a negotiated disposition, A.H. admitted to committing sexual battery by restraint. The forcible rape allegation was dismissed. The juvenile court adjudged A.H. a ward of the court and imposed probation with in-home placement. The prosecution submitted a request for direct victim restitution that included losses for counseling, clothing from the day of the offense seized by police, softball retraining lessons, and a deposit for a service dog.