In re M.T.
Annotate this CaseDuring a physical fight between M.T. and the victim during which the victim’s cell phone and case dropped to the ground, another student picked up and stole the victim’s cell phone and case. The Contra Costa County District Attorney filed a section 602 petition, alleging M.T. had committed a misdemeanor battery against a fellow student on school property. The juvenile court placed M.T. on informal supervision for six months, with standard conditions of probation, stating that M.T. and her parents, and a coparticipant minor, would be jointly and severally liable to pay restitution under Welfare and Institutions Code section 654.2. Before a contested restitution hearing, the probation department filed a report stating it had received a victim impact and claim statement seeking restitution of $989 for the cell phone, cash located in the cell phone case, and copays for an emergency room visit and for three therapy visits. M.T. challenged the court ordering her “to pay restitution for a theft she was not involved in nor charged with.” The court of appeal dismissed, reasoning that the order is neither a judgment nor an order after judgment for which an appeal is authorized under section 800.
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