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In re Joshua H

In re Joshua H
02:27:2006

In re Joshua H


Filed 2/21/06 In re Joshua H. CA1/4



NOT TO BE PUBLISHED IN OFFICIAL REPORTS



California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST APPELLATE DISTRICT



DIVISION FOUR














In re JOSHUA H., a Person Coming Under the Juvenile Court Law.




THE PEOPLE,


Plaintiff and Respondent,


v.


JOSHUA H.,


Defendant and Appellant.



A111111


(Contra Costa County


Super. Ct. No. J04-1517)



I.


Introduction


Appellant Joshua H. was charged with one count of misdemeanor vandalism and placed on probation. As a condition of his probation, appellant was ordered to pay restitution to the victim. Following a contested restitution hearing, appellant was found to be jointly and severally liable for $3,680.59 in damages. Appellant argues that the court erred in its finding of joint and several liability, and that his liability should be limited to the specific damage which he admitted causing. We agree, vacate the restitution order, and remand to the trial court for further proceedings.


II.


Procedural and Factual Background


On July 14, 2004, a tractor belonging to the East Bay Municipal Utility District (EBMUD) was found to have sustained extensive damage, including defacement by graffiti, broken headlights, a broken window, and broken electrical equipment. According to appellant's mother, about two weeks earlier she was driving in her vehicle with her son when the two observed a tractor with broken glass. Someone had also written â€





Description Adecision regarding misdemeanor vandalism and restitution to the victim.
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