In re Cristian S.

The minor was 13 years old when he engaged sexual conduct with a four-year-old boy and seven-year-old girl. Pursuant to a negotiated agreement under Welfare and Institutions Code section 6021, the minor admitted one count of conduct that if committed by an adult would constitute lewd or lascivious conduct on a child under age 14 (Pen. Code 288(a)); two other counts were dismissed. The parties appeared several times before Judge Johnson for “restitution setting.” The case was set for a contested hearing on victim restitution six months after the disposition hearing. On the day of the contested restitution hearing, the minor’s counsel sought a continuance because Johnson was absent. The visiting judge denied the request, conducted a hearing, and ordered the minor to pay $12,501.39. The court of appeal affirmed, rejecting an argument that the juvenile court violated People v. Arbuckle in denying the minor’s request to have Judge Johnson preside over the restitution hearing. Arbuckle does not apply to juvenile court restitution hearings, but even if it applied, any error was harmless because the minor received a fair hearing and did not demonstrate that the restitution was excessive. The court upheld restitution for the male victim’s bedroom furniture, clothing, and costs associated with a therapy dog. View "In re Cristian S." on Justia Law