Filed 4/15/14 In re C.H. CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b) . This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

In re C. H. , a Person Coming Under the

Juvenile Court La w. B249577

(Los Angeles County

Super. Ct. No. PJ49639)

THE PEOPLE,

Plaintiff and Respondent,

v.

C. H.

,

Defendant and Appellant.

APPEAL from a n order of the Superior Court of Los Angeles County, Morton

Rochman, Judge and Ro bert Totten, Temporary Judge. (Pursuant to Cal. Const., art. VI,

§ 21.) Affirmed with instructions

.

Adrian K. Patton, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief A ssistant Attorney

General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews, and Analee

J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.2

The juvenile court sustained a petition alleging that appellant H C. possessed a

wea pon on school grounds in violation of Penal Code section 626.10, subdivision (a)(1),

a felony. The court found that appellant was a person described by Welfare and

Institutions Code section 602, adjudged appellant to be a ward of the court, reduced the

of fense to a misdemeanor and placed appellant on home probation

.

Appellant appeals from the order sustaining the petition and adjudging appellant to

be a ward of the court, contending the minute order listing the terms of his probation

incorrectly includes term number 28. Respondent agrees. We agree as well, and order

the term stricken. We affirm the juvenile court's order in all other respects.

Facts

On August 22, 2012, appellant was in a classroom at Sylmar High School. A

fellow student saw put him a knife in into a student storage drawer

. A ppellant’s teacher

looked into the drawer and found a folding knife. Appellant acknowledged that it was his

drawer. According to high school dean Tommy Elmore, appellant admitted that the knife

was his.

At the adjudication, appellant denied he put the knife in the drawer, denied the

knife was his and denied telling Elmore the knife was his.3 Di scussion

At the disposition hearing, the juvenile court announced the terms of probation by

number. The cou rt read term 25, then next said, “28A, pay a fine of $10.” On the minute

order, term s 28 and 28A are checked. Term 28 reads: “ Make reparation on all related

losses are determined by the Probation Officer, including a service charge as authorized

by 276( C) WIC.”

A trial court’s oral pronouncement of the terms of probation control over the

clerk ’ s minute order. ( People v. Farell (2002) 28 Cal.4th 381, 384, fn 2; see also People

v . Gabriel (2010) 189 Cal.App.4th 1070, 1073.) The entry of the terms in th e minutes is a

clerical function and any discrepancy is presumed to be the result of clerical error.

( People v. Price (2004) 120 Cal.App.4th 224, 242.)

The reparation specified in term 28 is distinct from the restitu tion fine specified in

term 28A . The restitution fine is mandated by Welfare and Institutions Code sectio n

730.6, subdivision (b)(2). There is no such mandate for reparations.

Since the court did not impose term 28 at the dispositional hearing, we will order

that term stricken.4 Disposition

Term 28 of the June 10, 2013 minute order listing the terms of probation is ordered

stricken. The juvenile court’s order is affirmed in all other respects.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

MINK, J. *

We concur:

TURNER, P. J.

MOSK, J.

* Retired Judge of the Los Angeles Superior Court, assigned by the Chief Justice

pursuant to article VI, section 6 of the California Constitution.