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In re J.R.9/27/1995
J.R., a juvenile, appeals the trial court's order placing him on probation in the custody of his parents. The court's disposition order followed its order adjudicating J.R. delinquent. In the order of adjudication, the trial court found that J.R. violated section 22.01 of the Texas Penal Code, causing bodily injury to Hector Garcia by hitting and kicking him in the face and ribs with his fists and feet. Tex. Fam. Code Ann. Section(s) 51.03(a) (West Supp. 1995); see Tex. Pen. Code Ann. Section(s) 22.01 (West 1994). J.R. attacks the disposition order by two points of error. We will affirm the trial court's order.
Among the conditions of probation, the trial court ordered J.R. to pay $4,000.00 to the medical providers of the victim. J.R. asserts in his first point of error that the trial court erroneously admitted in evidence statements of the victim's medical expenses without hearing any testimony on the reasonableness of the charges for his treatment.
The trial court admitted in evidence statements of account from Angelo Community Hospital, West Texas Medical Associates, and Oral Surgery Associates of San Angelo showing amounts due for treating the injuries to Hector Garcia's jaw from the assault. The charges on these statements totaled $6,442.80. Witnesses testified that $1,240.03 of that total had been reimbursed from the crime victims' compensation fund. See Crime Victims' Compensation Act, Tex. Code Crim. Proc. Ann. arts. 56.31-.61 (West Supp. 1995).
J.R. argues that the trial court could not order restitution without proof that the amount ordered was reasonable. In making this argument, J.R. likens restitution to the damages awarded a plaintiff in a civil case. If a juvenile court finds that a child has engaged in delinquent conduct in which property damage or personal injury occurred, the court can order the child or a parent "to make full or partial restitution to the victim of the offense." Tex. Fam. Code Ann. Section(s) 54.041(b) (West 1986). The court must limit the amount of restitution ordered to the actual damages the victim has incurred. Id. In authorizing the court to order restitution, however, the legislature did not define that term. Restitution is generally defined as an equitable remedy under which a person is restored to his or her original position before the loss or injury; act of restoring; restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage, or injury; and indemnification. Black's Law Dictionary 1313 (6th ed. 1990).
The concept of restitution is found in both the civil and criminal law. A civil litigant, for instance, can obtain restitution by an action in quantum meruit; such a litigant can also sue for restitution as a remedy, alternative to damages, for breach of an express contract. Explorers Motor Home Corp. v. Aldridge, 541 S.W.2d 851, 852-53 (Tex. Civ. App.-Beaumont 1976, writ ref'd n.r.e.); Coon v. Schoeneman, 476 S.W.2d 439, 441 (Tex. Civ. App.-Dallas 1972, writ ref'd n.r.e.). In the adult criminal justice system, the court that sentences a defendant convicted of an offense can order the defendant to make restitution to any victim of the offense. Tex. Code Crim. Proc. Ann. art. 42.037 (West Supp. 1995). A sentencing court can also order restitution as a condition of probation. Tex. Code Crim. Proc. Ann. art. 42.12(11)(b) (West Supp. 1995). See also Tex. Code Crim. Proc. Ann. arts. 42.01(25), 42.031(1)(b)(3) (West Supp. 1995).
Although juvenile delinquency proceedings are considered civil proceedings, they are quasi-criminal in nature. C.E.J. v. State, 788 S.W.2d 849, 852 (Tex. App.-Dallas 1990, writ denied); Smith v. Rankin, 661 S.W.2d 152, 153 (Tex. App.-Houst
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