People v. Torres CA2/4

Filed 9/17/24 P. v. Torres CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B331201 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. TA159340)

v.

DANNY TORRES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Sean D. Coen, Judge. Affirmed as Modified. Susan Morrow Maxwell, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Jason Tran, Supervising Deputy Attorney General, and Kristen J. Inberg, Deputy Attorney General, for Plaintiff and Respondent.

Defendant Danny Torres pled no contest to grand theft of a firearm. The trial court ordered defendant to pay victim restitution for several items, including two stolen handguns. On appeal, defendant contends the restitution award should be reduced by $3,600, the amount ordered for the stolen handguns, because the loss of these firearms ultimately resulted not from the theft but from the victim’s own unlawful conduct. The Attorney General concedes, and we agree, the restitution order should be modified as requested. In all other respects, we affirm the judgment.

PROCEDURAL BACKGROUND On January 19, 2023, the Los Angeles County District Attorney’s Office filed a complaint charging defendant with grand theft of a firearm, specifically a Glock 43x handgun, a Glock 19x handgun, and two AR-9 assault rifles (Pen. Code, § 487, subd. (d)(2))1 and possession of a firearm by a felon (§ 29800, subd. (a)(1)). Defendant later pled no contest to grand theft of a firearm. The other count was dismissed pursuant to a plea agreement. On April 18, 2023, the trial court sentenced defendant to two years formal probation and ordered victim restitution in an amount to be determined at a future hearing. On May 20, 2023, the trial court held a restitution hearing. The victim had filed a restitution request, which included $1,800 for the Glock 43x handgun and $1,800 for the Glock 19x handgun. Defense counsel disputed the amount of restitution sought by the victim for these firearms. The victim testified he purchased the handguns in Billings, Montana from a private party, paid in cash, and did not have a receipt. He was later unable to