California Court of Appeal

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G.C. v. Superior Court, H034808

In a petition for a writ of mandamus seeking to vacate a restitution order issued against a minor for felony vandalism by graffiti, the writ is granted where Welf. & Inst. Code section 742.16, which required the court to consider ability to pay when ordering restitution for graffiti abatement, applied in the deferred entry of judgment context.

Appellate Information

  • Decided 03/30/2010
  • Published 03/30/2010

Judges

  • PREMO, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, for Real Party in Interest., Dallas Sacher, Santa Clara, under appointment by the Court of Appeal, for Petitioner.

  • For Appellees:
  • Not applicable for Respondent.
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