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A.H. v. State

Court of Appeals of Indiana

May 28, 2014

A.H., Appellant-Respondent,
v.
STATE OF INDIANA, Appellee-Petitioner

Page 38

APPEAL FROM THE MARION SUPERIOR COURT. The Honorable Geoffrey A. Gaither, Magistrate. Cause No. 49D09-1302-JD-383.

ATTORNEY FOR APPELLANT: DEBORAH MARKISOHN, Marion County Public Defender Agency, Indianapolis, Indiana.

ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana; MICHAEL GENE WORDEN, Deputy Attorney General, Indianapolis, Indiana.

BAKER, Judge. BARNES, J., and CRONE, J., concur.

Page 39

OPINION

BAKER, Judge

Appellant-respondent A.H. asks this Court to vacate the juvenile court's restitution order, which required her to provide restitution to the probation department for the electronic monitoring bracelet she cut off and left at a park. More particularly, A.H. argues that the trial court erred when it ordered restitution that was not part of the admission agreement and failed to inquire into her ability to pay. However, the juvenile court ordered A.H. to perform 100 hours of community service in lieu of monetary payment. Further, A.H. contends that the State failed to present sufficient evidence of the actual amount of loss incurred to support the restitution order.

We find that the juvenile court did not err in ordering restitution as the admission agreement left disposition open to the juvenile court. Moreover, we conclude that it did not fail to inquire into A.H.'s ability to pay when her financial information was before the juvenile court, and it did not require monetary restitution. Further, we find that there was sufficient evidence to demonstrate the actual loss to the probation department for the electronic monitoring bracelet. Therefore, we affirm the judgment of the juvenile court.

FACTS

On February 19, 2013, the State submitted a delinquency petition that alleged A.H. had committed what would have been class B felony burglary and class D felony theft had she been an adult. On February 22, 2013, the juvenile court issued an order to file the delinquency petition and held the initial hearing. A.H. was released to her mother on electronic monitoring. A.H. signed an electronic monitoring agreement that stated A.H. was responsible for any damage to the monitoring device, which had a replacement cost of $575.

On April 4, 2013, the parties tendered an admission agreement to the court, which stated that A.H. would admit to the theft count in exchange for the dismissal of the burglary count. On April 18, 2013, the juvenile court held a dispositional hearing and imposed a suspended commitment to the Indiana Department of Correction.

On June 5, 2013, the juvenile probation department filed a petition to modify the dispositional decree. The petition alleged that A.H. had violated her probation by running away from home. On June 17, 2013, a pre-trial hearing was held and A.H. submitted an admission agreement admitting to the allegations in the modification petition. A.H., with her mother's permission, had gone to Anderson to visit with her older sister but instead stayed elsewhere for a week. The juvenile court ordered A.H's suspended commitment continued and placed A.H. on electronic monitoring. A.H. signed an agreement that stated:

You are responsible for your electronic monitoring equipment and must pay for any damage that is caused by tampering with or trying to remove the equipment. If the equipment is not returned in good working order, you will be required to pay for the cost of replacing it. If the equipment is lost, you will also be ...

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