Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Santa Clara County Super. Ct. No. JV33174
ELIA, J.Jamar W. appeals from a restitution order after a judgment in a Welfare and Institutions Code section 602 proceeding. (§ 800, subd. (a).) The order directed him to pay the victim restitution of $19,013.72 for the losses sustained as a result of an admitted second degree robbery offense. The notice of appeal states that restitution was wrongly imposed based upon an insurance company's claim.
All further statutory references are to the Welfare and Institutions Code unless otherwise specified.
We appointed counsel to represent appellant. After examining the record, counsel filed a request for an independent review of the record for arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 . Counsel has not referred this court to any possible appellate issues. (Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396].) We advised appellant that he could submit any argument that he wanted us to consider and this court has not received any argument from appellant. We affirm.
A. Background
A section 602 petition, filed June 22, 2007, alleged that appellant had committed second degree robbery (Pen. Code, §§ 211-212.5, subd. (c)). On July 10, 2007, appellant expressly waived enumerated rights and admitted the petition. The court found appellant was described by section 602, adjudged him to be a ward of the court, and placed him in parental custody under the supervision of the probation officer under specified terms and conditions. (§§ 701, 702, 725.) Appellant was committed to juvenile hall for 90 days and ordered to serve 60 days on the electronic monitoring program (EMP). The matter was continued until November 19, 2007 for a restitution setting hearing.
On November 19, 2007, the matter was continued until February 19, 2008. A notice of violation of probation, filed on November 28, 2007, alleged that appellant had numerous unverified leaves and had failed to abide by the rules and regulations of the EMP. (§ 777.) Appellant admitted violating probation. The matter was continued to December 13, 2007. On December 13, 2007, appellant was committed to juvenile hall for 150 days and ordered to participate in the Life Skills Preparatory Program.
On February 19, 2008, the restitution setting hearing was continued to March 11, 2008. The victim loss report and calculation of lost wages indicated a total claim of $1,105.34 for loss of a cellular telephone and cash in the victim's possession and lost wages not covered by insurance. The report indicated insurance had covered unspecified follow up treatment costs and lost wages. On March 11, 2008, the court ordered appellant to pay victim restitution of $1,105.34 and continued the matter to April 9, 2008 for further restitution setting.
On April 9, 2008, the court considered the request of the insurance provider of the victim's employer for restitution of $19,013.72 for indemnity payments for lost wages and medical payments. The court ordered appellant and parents, not the insurance company, to pay the victim additional restitution of $19,013.72. (See § 730.6, subds. (a)(2)(B), (h), (k); cf. People v. Birkett (1999) 21 Cal.4th 226, 229 [insurers do not become direct victims by reimbursing crime losses under policy].)
B. Wende Review
A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436 has disclosed no reasonably arguable appellate issue.
The restitution order is affirmed.
WE CONCUR: RUSHING, P. J., PREMO, J.