People v. S.O. (In re S.O.)
People v. S.O. (In re S.O.)
Opinion of the Court
*1096Under Welfare and Institutions Code section 730.6, a juvenile court has the power to require a minor to pay restitution in the amount "sufficient to fully reimburse the victim ... for all determined economic losses incurred as the result of " the criminal conduct that makes him subject to the juvenile court's jurisdiction. ( Welf. & Inst. Code, § 730.6, subd. (h)(1), italics added.)
*1097FACTS AND PROCEDURAL BACKGROUND
I. Facts
A. First theft
On October 15, 2015, Luz Mora (Mora) parked her 2015 Hyundai Elantra in an underground parking lot. She parked in a "stacked" parking space, with her car parked behind her mother's car. Mora had left a set of her car keys in a purse in her mother's unlocked car. When Mora went to the lot to retrieve her car, the keys from her mother's car-and her car-were gone.
*208The next day, Mora's mother saw Mora's car parked on a nearby street. Using a second set of keys, Mora retrieved her car and parked it back in the underground lot. The car now had "scratches and bumps" on its exterior; the car's upholstery reeked of liquor; and $758 in Mora's personal items had been removed.
B. Second theft
On October 17, 2015 (the day after Mora retrieved her car), the car was once again stolen from the underground parking lot.
One month later, on November 17, 2015, law enforcement pulled over Mora's car, and S.O. (minor) was the driver and sole occupant of the car. Minor was using the set of car keys taken and used in the first theft.
II. Procedural Background
In January 2016, the People filed a petition in juvenile court alleging that minor had committed the felony of taking or driving a vehicle without consent on November 17, 2015 ( Veh. Code, § 10851, subd. (a) ).
The People subsequently amended the petition to allege that minor had committed the misdemeanor of receiving stolen property ( Pen. Code, § 496 ). That same day, minor admitted to the stolen property allegation. Rather than declare minor to be a "ward" of the court, the juvenile court placed minor on probation for six months pursuant to section 725, subdivision (a). One of the conditions of probation was the standard condition that minor "pay ... the victim for any damages to [ ]her or [ ]her property that you or your companions caused by committing this crime."
The juvenile court subsequently held a restitution hearing. Mora testified to the circumstances of the two thefts as well as the cost estimate to repair her *1098car and the value of the items removed from her car. The court found Mora to be "credible" and imposed restitution in the amount of $4,946. The court recognized that this amount included, in part, the cost to repair damage to the car and the removal of Mora's personal items following the first, uncharged theft. However, the court determined that it was appropriate to hold minor responsible for paying restitution with respect to both thefts because the court "reasonabl[y] infer[red] [that minor] took the car itself since he had the keys [taken during the first theft]," because the court has a duty "to make the victim as whole as possible" and because "it's rehabilitative to the minor for him to pay for his wrongdoing."
Minor filed a timely appeal.
DISCUSSION
Minor argues that the juvenile court erred in imposing a restitution obligation that includes losses arising from the first, uncharged theft of Mora's car. To evaluate this argument, we must ask two questions: (1) can a juvenile court impose restitution based on losses arising from uncharged conduct, and, if so, (2) was the imposition of such restitution appropriate in this case?
As a general matter, we review restitution orders for an abuse of discretion. ( Luis M. v. Superior Court (2014)
I. Can a Juvenile Court Impose Restitution Based on Losses Arising From Uncharged Conduct?
The juvenile court has authority over a minor (that is, a person under the age of 18) if he or she violates any federal, state, or local law "other than an ordinance establishing a curfew based solely on age." (§ 602.) If the court finds, beyond a reasonable doubt, that the minor violated the law and is therefore a "person described by Section ... 602" ( *1099People v. Nguyen (2009)
If the juvenile court declares a minor to be a ward and places him or her on probation, the court "may impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the [minor] enhanced." (§ 730, subd. (b).) The same is true for minors who, under section 725, are placed on probation without being declared wards. ( In re Walter P. (2009)
"Restitution has long been considered a valid condition of probation." ( People v. Carbajal (1995)
But what is the scope of the restitution that may be ordered against a minor?
The statute explicitly governing restitution in juvenile cases is section 730.6. In pertinent part, section 730.6 obligates a court-"unless it finds compelling and extraordinary reasons for not doing so"-to impose restitution in an "amount sufficient *210to fully reimburse the victim ... for all *1100determined economic losses incurred as the result of the minor's conduct for which the minor was found to be a person described in Section 602 ." ( § 730.6, subd. (h)(1), italics added.) This duty to impose restitution implements the right of crime victims to seek and obtain restitution, a right that is secured by our Constitution. ( Cal. Const., art. I, § 28, subds. (a)(3) & (b)(13)(A), (B) ["Restitution shall be ordered from the convicted wrongdoer in every case ... in which a crime victim suffers a loss"].) But the italicized language limits a juvenile court's statutory power to impose restitution to losses caused by the minor's charged, criminal conduct because that is the "conduct for which the minor was found to be a person described in Section 602."
But does the statutory authority set forth in section 730.6 mark the outer boundary of the juvenile court's power to impose restitution?
We conclude that the answer is "no." We do so by looking to the power of the courts to impose restitution against convicted adults , which provides a compelling analogy in light of the " 'parallel restitutionary requirements' " of the two court systems. ( Luis M. , supra , 59 Cal.4th at p. 304,
As in juvenile court, the statute governing restitution in adult criminal cases limits a trial court's power to impose restitution to those "economic loss[es]" incurred "as a result of the defendant's conduct." ( Pen. Code, § 1202.4, subd. (f).) As our Supreme Court recently held, "[t]his provision ... authorizes trial courts to order direct victim restitution for those losses incurred as a result of the crime of which the defendant was convicted," but no further. ( People v. Martinez (2017)
As in juvenile court, trial courts hearing adult criminal matters also have the authority to make the payment of restitution a condition of probation. ( Pen. Code, § 1203.1, subd. (a)(3) [in granting probation, court "shall provide for restitution in proper cases"]; People v. Giordano (2007)
When the court sentences an adult to custody (either in prison or jail), the court may only impose restitution for economic losses incurred "as a result of" the defendant's criminal conduct. ( Pen. Code, § 1202.4, subd. (f).) Put differently, restitution may be imposed in such cases only to the extent the defendant's criminal conduct played a "substantial factor" in causing the victim's economic loss. ( People v. Holmberg (2011)
However, when the court places a defendant on probation, the court may impose restitution as long as "the restitution condition [is] reasonably related either to the crime of which the defendant is convicted or to the goal of deterring future criminality." ( Carbajal , supra , 10 Cal.4th at p. 1123,
*1102We conclude that this same dual-pronged approach to a court's authority to impose restitution applies to minors in juvenile court insofar as the pertinent restitution statutes set the proverbial ceiling when the minor is incarcerated, but set only the floor when the minor is placed on probation. (Accord, In re T.C. (2009)
For these reasons, the juvenile court had the authority to impose restitution upon minor for uncharged conduct because he was placed on probation.
II. Is the Juvenile Court's Restitution Order in This Case Appropriate?
Once the scope of restitution is established, the juvenile court must fix restitution in an amount "reasonably calculated to make the victim whole." ( Alexander A. , supra , 192 Cal.App.4th at p. 856,
*1103The juvenile court did not abuse its discretion in ordering minor to pay restitution for damages caused by the first, uncharged theft of Mora's car. Minor was arrested as the driver and sole occupant of Mora's car after the second theft while possessing the same set of keys used to effectuate the first theft. These facts are sufficient to support a finding, by a preponderance of the evidence, that minor was involved in the first theft, particularly where, as here, minor by his plea necessarily admitted to knowing the car was stolen. What is more, holding minor responsible for paying Mora the full amount of damage to her car furthers the rehabilitative and reformative goals of probation.
DISPOSITION
The restitution order is affirmed.
We concur:
LUI, P.J.
ASHMANN-GERST, J.
All further statutory references are to the Welfare and Institutions Code unless otherwise indicated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.