In re K.G.
A juvenile wardship petition was filed alleging that defendant and appellant K.G.[1] committed second degree burglary (Pen. Code, § 459, counts 1, 5, & 7), received stolen property (Pen. Code, § 496, subd. (a), count 2), committed vandalism causing over $400 in damage (Pen. Code, § 594, subd. (b)(1), counts 3 & 6), and committed arson (Pen. Code, § 451, subd. (c), count 4). A separate juvenile wardship petition alleged that defendant and appellant W.W. committed second degree burglary (Pen. Code, § 459, count 1, 3, & 5), arson (Pen. Code, § 451, subd. (c), count 2), and vandalism causing over $400 in damage (Pen. Code, § 594, subd. (b)(1), count 4). Both K.G. and W.W. (the minors) admitted the allegations that they committed vandalism (Pen. Code, § 594, subd. (b)(1)), and an added count of accessory after the fact to arson (Pen. Code, § 32). A juvenile court dismissed the other counts, with the stipulation that the dismissed counts could still be considered in determining restitution. The court declared the minors to be wards and placed them on probation, under the terms recommended by the probation department. The court subsequently imposed victim restitution in the amount of $25,000, with the minors and their parents jointly and severally liable.
The People now appeal from the juvenile court’s order of victim restitution, contending that the court erroneously failed to order full restitution. The People claim that the court based its order of partial restitution on the minors’ inability to pay, which is an improper consideration under Welfare and Institutions Code section 730.6, subdivision (h).[2] We affirm.
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