Case: 000243

Error and/or relief

Because of legislation enacted since the disposition hearing, the $100 restitution fine is ordered stricken in this Welfare and Institutions Code section 602 juvenile proceeding.

Holding:

While this appeal was pending, the Legislature amended section 730.6 and removed the requirement that a minor pay a restitution fine. The relevant portion of the statute now states that the court shall not impose a separate and additional restitution fine against a minor found to be a person described in Welfare and Institutions Code section 602. Because the judgment is not final, the appellant is entitled to the ameliorative benefits of this amendment.

Authority:

WIC 730.6

In re Estrada (1965) 63 Cal.2d 740