In re T.M.P. CA4/1 ( 2024 )

Filed 10/3/24 In re T.M.P. CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re T.M.P., a Person Coming
Under the Juvenile Court Law.
D083564
THE PEOPLE,
Plaintiff and Respondent,
(Super. Ct. No. J244320)
v.
T.M.P.,
Defendant and Appellant.
APPEAL from an order of the Superior Court of San Diego County,
Robert J. Trentacosta, Judge. Affirmed.
Lisa A. Kopelman, under appointment by the Court of Appeal, for
Defendant and Appellant.
No appearance for Plaintiff and Respondent.
This appeal arises from a Welfare and Institutions Code1 section 602
juvenile delinquency proceeding in which T.M.P. (Minor) admitted to
1 All further statutory references are to the Welfare and Institutions
Code unless otherwise specified.
dragging the victim’s dog on a freeway in violation of Penal Code section 597,
subdivision (b) (felony animal cruelty). Minor appeals from the juvenile
court’s January 8, 2024 order requiring Minor to pay $2,470.50 in victim
restitution.
Minor’s appointed counsel filed a brief pursuant to People v. Wende
(1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738(Anders), indicating counsel has been unable to identify any arguable issues
supporting reversal on appeal and asking this court to independently review
the record for error. We offered Minor the opportunity to file her own brief on
appeal, but she has not responded.
We find no arguable issues and affirm.
FACTUAL AND PROCEDURAL BACKGROUND
On August 3, 2021, a long-standing feud between Minor and victim’s
daughter escalated over statements about Minor’s deceased father. Minor
came to victim’s home with some friends, broke the windows of the victim’s
car with a baseball bat, engaged in a physical altercation with victim’s
daughter, and drove away with the victim’s pet pit bull Luna. After posting
images with Luna on social media, Minor dragged the dog along a freeway.
Luna was later found dead.
The People charged Minor with three felonies: vandalism (Pen. Code,
§ 594, subds. (a), (b)(1)), theft of another’s dog (Pen. Code, § 487e), and
animal cruelty for dragging the victim’s dog on a freeway (Pen. Code, § 597,
subd. (b)). At a readiness hearing after her arraignment, Minor admitted the
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truth of the People’s felony animal cruelty charge, and the juvenile court
dismissed the remaining charges with a Harvey2 waiver.
At the February 10, 2023 disposition hearing, the juvenile court
adjudged Minor a ward of the court under section 602, issued probation
orders, and ordered restitution to be paid in an amount to be determined.
The juvenile court held a restitution hearing on January 8, 2024. The
victim testified she paid a total of $970.50 to repair her vehicle. She paid $90
for two glass windows from Atlas Auto Recycling (Exhibit 1); $130.50 for two
quarter glass windows from LKQ (Exhibit 2); $150 for the back window paid
through a Zelle account (Exhibit 3), and $300 for the front windshield from
Bernie’s Automotive Glass (Exhibit 4). She also paid a friend $300 through
Cash App to install the windows.
The victim also testified she purchased a new dog, a purebred micro
bully named Beloved, for $1,500.
The juvenile court found the victim to be credible and the requested
amounts reasonable, and ordered Minor to pay $2,470.50 in victim
restitution.
Minor filed a timely appeal from the restitution order.
DISCUSSION
The California Constitution requires every victim be compensated for
losses incurred as a result of a defendant’s crime. (See Cal. Const., art. I,
§ 28, subd. (b)(13).) Absent “compelling and extraordinary reasons,” the court
must order restitution “of a dollar amount sufficient to fully reimburse the
victim or victims for all determined economic losses incurred as the result of
2 People v. Harvey (1979) 25 Cal.3d 754, 758. When ordering restitution,
a court may consider crimes which were charged but later dismissed. (People
v. Baumann (1985) 176 Cal.App.3d 67, 78.)
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the minor’s conduct . . . , including . . . [f]ull or partial payment for the value
of stolen or damaged property. The value of stolen or damaged property shall
be the replacement cost of like property, or the actual cost of repairing the
property when repair is possible.” (Welf. & Inst. Code, § 730.6, subd. (h)(1).)
“ ‘ “[T]he trial court is vested with broad discretion in setting the
amount of restitution; it may ‘ “use any rational method of fixing the amount
of restitution which is reasonably calculated to make the victim whole . . . . ” ’
[Citation.] . . . “In determining the amount of restitution, all that is required
is that the trial court ‘use a rational method that could reasonably be said to
make the victim whole, and may not make an order which is arbitrary or
capricious.’ [Citations.] The order must be affirmed if there is a factual and
rational basis for the amount.” ’ ” (People v. Marrero (2021) 60 Cal.App.5th
896, 906.)
As we have noted, appellate counsel has submitted a Wende brief and
asks the court to review the record for error. To assist the court in its review,
and in compliance with Anders, supra, 386 U.S. 738, counsel has identified
the following issue that was considered in evaluating the potential merits of
this appeal: “Did the court abuse its discretion in making the restitution
order[?] (People v. Balestra (1999) 76 Cal.App.4th 57.)”
We have reviewed the record for error as required by Wende, supra,
25 Cal.3d 436 and Anders, supra, 386 U.S. 738. We have not discovered any
arguable issues for reversal on appeal. Competent counsel represented Minor
in this appeal.
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DISPOSITION
The restitution order is affirmed.
IRION, J.
WE CONCUR:
McCONNELL, P. J.
CASTILLO, J.
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