In re Timothy N

In In re Timothy N. (2013) 216 Cal.App.4th 725, a minor admitted committing residential burglary under a plea agreement that specified if the minor "'successfully completed probation'" the prosecutor would dismiss the residential burglary allegation and reduce the charge to a misdemeanor. (Id. at p. 735.) One of the probation conditions was an order to pay restitution to the victims. The minor fulfilled all his probation conditions other than full payment of restitution. The trial court converted the remaining restitution obligation to a civil judgment and terminated jurisdiction based on the minor's compliance with the terms and conditions of his probation. But the court denied the minor's motion to dismiss the residential burglary allegation and to reduce the burglary charge to a misdemeanor because the minor had not paid the full amount of victim restitution. Timothy N. reversed the trial's denial to dismiss the residential burglary allegation charge to a misdemeanor. The court relied on section 730.6, subdivision (m), which prohibits the juvenile court from revoking a minor's probation "on the ground that he or she has failed to pay the victim restitution as required by the court, unless the court finds that the minor has willfully refused to pay or has not made sufficient bona fide efforts to acquire the funds necessary to fulfill the obligation." (Timothy N., supra, 216 Cal.App.4th at p. 735.) Because the minor and his family lacked adequate resources to pay the full restitution amount during the probationary period, and there was no evidence the failure to pay was willful or that the minor failed to make a bona fide effort to pay, the juvenile court erred when it revoked probation for failing to pay restitution. Finally, the appellate court rejected the Attorney General's argument the minor did not successfully complete probation because he failed to pay the full amount of restitution. The court concluded the minor "would have reasonably believed that he would be deemed to have 'successfully completed probation' if he had completed his term of probation without having engaged in conduct that provided a basis for the court to revoke his probation. The minor clearly met this standard." (Ibid.)