California Court of Appeal

The trial court's order denying defendant's motion to dismiss the residential burglary allegation and reduce the burglary charge to a misdemeanor pursuant to the plea agreement, is reversed, where: 1) there is no evidence that the juvenile's failure to pay the full amount of the restitution was willful or that his failure to pay is attributable to any reason other than an inability to pay; 2) the trial court found that the juvenile fulfilled all of the conditions of probation with the exception of the restitution condition, which the court converted to a civil judgment; and as such, 3) as a matter of law, the juvenile "successfully completed probation."

Appellate Information

• Decided 05/22/2013
• Published 05/22/2013

Judges

• AARON

Court

• California Court of Appeal

Counsel