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Modification: In re J.H.

Ruling by

Jonathan K. Renner

Lower Court

San Joaquin County Superior Court

Lower Court Judge

Gus C. Barrera II

Restitution orders imposed in delinquency proceedings are not subject to 10-year enforcement period of Code of Civil Procedure Section 683.020.





Court

California Courts of Appeal 3DCA

Cite as

2020 DJDAR 4259

Published

May 5, 2020

Filing Date

Apr. 30, 2020

Opinion Type

Modification

Disposition Type

Reversed


In re J.H., a Person Coming Under the Juvenile Court Law.

 

THE PEOPLE,

Plaintiff and Appellant,

v.

J.H.,

Defendant and Respondent.

 

No. C088227

(Super. Ct. No. 61891)

California Courts of Appeal

Third Appellate District

(San Joaquin)

Filed April 30, 2020

 

THE COURT:

 

Respondent filed a petition for rehearing with this court. It is ordered that the published opinion filed herein on April 6, 2020, be modified as follows:

 

1. At page 4 of the slip opinion, modify the last sentence of the first full paragraph, so that it reads as follows:

 

Notably, Penal Code section 1214, subdivision (e) does not mention juvenile restitution orders.

 

2. At page 6 of the slip opinion, modify the first sentence of the last paragraph, so that it reads as follows:

 

By enacting subdivision (r) of section 730.6, and expressly linking enforcement of juvenile restitution orders to procedures for enforcing adult restitution orders, the Legislature intended to continue the parallel treatment of criminal and juvenile restitution.

 

There is no change in the judgment. Respondent's petition for rehearing is denied.

 

 

BY THE COURT:

DUARTE, Acting P. J.

RENNER, J.

KRAUSE, J.

#275171

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