T.C., a minor, stole a car and then rammed it into a curb in a high school parking lot, rendering it a total loss. When police attempted to arrest him, he allegedly resisted arrest and injured a police dog that was being used to find him.
He was charged in Santa Clara Juvenile Court, under Welfare and Institutions Code § 790, et seq., with three misdemeanors; 1) violating Vehicle Code § 10850(a) (“Joyriding”); 2) violating Penal Code § 148(a)(1) (“Resisting Arrest”); and 3) violating Penal Code § 600(a) (“Harming a Police Dog”).
A plea bargain was entered into, wherein T.C. was granted DEJ (“Delayed Entry of Judgment”). As a condition of DEJ, he was required to pay restitution to the car owner of $12, 936.62, which included $2,073.10 in interest that the owner had to pay on the car loan.
T.C. then appealed the $ 2,073.10 in interest that he was ordered to pay.
The Sixth Appellate District Court of Appeal first noted that an order granting DEJ is simply not appealable. T.C. had argued that the order of restitution was separate and district from the grant of DEJ and therefore, he could appeal the restitution award.
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