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In re Hector M.

California Court of Appeals, Third District, San Joaquin
Mar 14, 2008
No. C054878 (Cal. Ct. App. Mar. 14, 2008)

Opinion


In re HECTOR M., a Person Coming Under the Juvenile Court Law. THE PEOPLE, Plaintiff and Respondent, v. HECTOR M., Defendant and Appellant. C054878 California Court of Appeal, Third District, San Joaquin March 14, 2008

NOT TO BE PUBLISHED

Super. Ct. No. 60289

SCOTLAND, P.J.

While in custody at the airport awaiting his transfer to a program called Boys Republic, Hector M. (the minor) refused to go to the program. As he was being returned to juvenile hall, the minor kicked the window out of the transport vehicle and ran across Interstate 5, evading capture until his arrest months later.

In a negotiated disposition, the minor admitted escaping from a peace officer (Pen. Code, § 836.6), admitted numerous aggregated violations alleged in prior sustained petitions, and was continued as a ward of the juvenile court. (Welf. & Inst. Code, § 602.) He was committed to the Division of Juvenile Justice of the Department of Corrections and Rehabilitation for a maximum period of six years and four months, and was ordered to pay a $400 restitution fine, a $25 restitution fine pursuant to Welfare and Institutions Code section 730.6, subdivision (b)(2) plus a 10 percent collection fee, a $25 fine payable to the general fund of San Joaquin County, and a $49.38 penalty assessment pursuant to Penal Code section 1464. (Further section references are to the Penal Code.)

On appeal, the minor contends, and the People concede, that the juvenile court erred in not separately specifying the correct amount of each fine, fee, and penalty assessment and in failing to complete form JV-732. We agree.

When pronouncing judgment, the juvenile court adopted the recommendations of the probation department which, among other things, recommended that, pursuant to section 1464, the court should impose a penalty of $19.75 for every $10 in fines and fees, for a total of $49.38. In the dispositional form, the court listed a penalty assessment of $49.38 pursuant to section 1464.

Section 1464 authorizes a penalty of $10 for every $10 to be levied on every fine, penalty, or forfeiture imposed by the court. (§ 1464, subd. (a).) Neither the probation report nor the disposition specifies why the minor was assessed a penalty of $19.75 for every $10 imposed. And the disposition form fails to list separately the fines, fee, and penalty assessments that were imposed by the juvenile court. (People v. High (2004) 119 Cal.App.4th 1192, 1200.)

In addition, the juvenile court did not comply with a rule of court requiring that, when a ward is committed to the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, the juvenile court must complete form JV-732. (Cal. Rules of Court, rule 5.805(1).)

DISPOSITION

The fines, fee, and penalty assessments imposed by the juvenile court are vacated, and the matter is remanded with directions to (1) determine the appropriate amount of the fines, fee, and penalties assessments, (2) separately specify them in the dispositional form, and (3) send a certified copy of the new dispositional form, and a completed copy of form JV-732, to the Division of Juvenile Justice of the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.

We concur: BLEASE, J., HULL, J.


Summaries of

In re Hector M.

California Court of Appeals, Third District, San Joaquin
Mar 14, 2008
No. C054878 (Cal. Ct. App. Mar. 14, 2008)
Case details for

In re Hector M.

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. HECTOR M., Defendant and…

Court:California Court of Appeals, Third District, San Joaquin

Date published: Mar 14, 2008

Citations

No. C054878 (Cal. Ct. App. Mar. 14, 2008)