People v. T.C.
149 Cal. Rptr. 3d 220
Cal. Ct. App.2012Background
- T.C. appeals from a juvenile court restitution order tied to the court's grant of deferred entry of judgment (DEJ) in his juvenile delinquency case.
- The minor stole a car and, predawn February 13, 2011, rammed it into a curb three times in a high school parking lot, resulting in total loss for insurance purposes.
- A juvenile delinquency petition was filed alleging auto theft, resisting arrest, and harming a police dog used to apprehend the minor.
- The court granted DEJ; as a condition, the minor was required to pay restitution totaling $12,936.62, including $2,073.10 in interest paid on the car loan.
- Marquez contests only the $2,073.10 interest-based restitution; the appeal concerns the restitution component within the DEJ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the restitution order appealable when part of a DEJ grant? | Marquez argues the challenge is to a standalone restitution order. | The restitution is part of a DEJ order and not separately appealable under §800. | Dismissal; DEJ order (including restitution) is not appealable. |
Key Cases Cited
- People v. Mazurette, 24 Cal.4th 789 (2001) (appealability is statutory and not automatic)
- In re Mario C., 124 Cal.App.4th 1303 (2004) (DEJ order not subject to direct appeal; restitution within DEJ)
- In re Johnny M., 100 Cal.App.4th 1128 (2002) (restitution order cited; did not address appealability)
- In re Do Kyung K., 88 Cal.App.4th 583 (2001) (probation order appealable; not controlling for DEJ restitution)