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In the Matter of Tyrek S., No. 1 September Term, 1998

[Juvenile Law - Restitution - Victim of delinquent act, and victim's subrogee, need not be identified in delinquency petition to be awarded restitution. Juvenile, through counsel, waived exception to master's report asserting inability presently to pay restitution.]

Circuit Court for Baltimore County Case #96 J 1791

IN THE COURT OF APPEALS OF MARYLAND No. 1 September Term, 1998 _________________________________________

IN THE MATTER OF TYREK S.

_________________________________________ Bell, C.J. Eldridge Rodowsky Chasanow Raker Wilner Karwacki, Robert L. (retired, specially assigned), JJ. _________________________________________ Opinion by Rodowsky, J. _________________________________________ Filed: November 17, 1998

In this juvenile cause we granted the juvenile's petition for certiorari which contains the following two questions: "1. Does a juvenile court lack authority to award restitution to a person who is not identified as a victim in the juvenile delinquency petition? "2. Did the juvenile court err by imposing restitution where there was neither a showing by the State nor a finding by the master that Petitioner had the ability to pay restitution?" The Court of Special Appeals answered the first question in the negative and concluded that the second issue had not been preserved. In re Tyrek S., 118 Md. App. 270, 702 A.2d 466 (1997). We shall affirm for the reasons given by the Court of Special Appeals. In August 1996 the State filed a "Delinquency Petition and Complaint for Restitution" in the Circuit Court for Baltimore County, sitting as a Juvenile Court, alleging that Tyrek S., aged 14, was a delinquent child. The State alleged that Tyrek S. had committed twelve delinquent acts, all involving or connected with the taking, on August 6, 1996, and asportation of a motor vehicle owned by a Benjamin Blum. The petition/complaint further alleged "[t]hat as a direct result of the aforegoing alleged delinquent act(s), the victim herein has sustained a pecuniary loss in an amount to be determined not to exceed ten thousand dollars ($10,000.00) per act." Only Benjamin Blum, the owner of the vehicle, was identified in the charges. No other person was

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described as a victim. Additionally, the petition/complaint listed as witnesses Benjamin Blum, three police officers, and one Daniel Gaff, who is described, infra. The adjudicatory hearing was held before a master who found the following facts: "Based on a statement of facts it was found that on August 6, 1996 at 3:15 p.m. Benjamin Blum parked his 1996 Volvo at the YMCA in Towson. The car was stolen. On August 8, 1996 at 6:45 a.m. the vehicle was involved in an accident on Greenspring Avenue. Daniel Gaff was driving his car when the Volvo struck his car. Respondents[, Tyrek S. and another juvenile,] were identified as two of the passengers in the Volvo. The respondent did not have permission to be in or use Mr. Blum's car. "Count 2 was sustained and the remaining counts were nol prossed. A finding of delinquency was entered and the respondent was committed to the Department of Juvenile Justice for placement. Placement in the Enhanced Program was recommended. The respondent is to pay $50.00 to Benjamin Blum. A further hearing for restitution will be held on September 23, 1996." Count 2 charged that Tyrek S. "did wilfully and without consent take and carry away a 1996 Volvo 850 with the intent to temporarily deprive Benjamin Blum of the use and possession of said property, in violation of Article 27, Section 349."1 The nol prossed counts

Maryland Code (1957, 1992 Repl. Vol., 1995 Cum. Supp.), Art. 27,

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