People v. Carr CA2/2

Filed 3/28/25 P. v. Carr CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO THE PEOPLE, B337921

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. TA156293)

ROBERT CARR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Carol J. Najera, Judge. Affirmed. A. William Bartz, Jr., 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, Michael C. Keller and Blake Armstrong, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

Robert Carr appeals from the trial court’s order awarding $1,800 in restitution to the victim of his robbery. He argues that insufficient evidence supports this award, and that the trial court violated his due process rights when it denied his request for a continuance to gather further evidence. We affirm. BACKGROUND In September 2023, appellant pleaded no contest to robbery (Pen. Code,1 § 211) and admitted he personally used a firearm (§ 12022.5, subd. (a)). The trial court sentenced him to 2 years 8 months in state prison. A restitution hearing was scheduled for October 2023, but was continued twice before it was held on May 6, 2024. Appellant waived his appearance at the restitution hearing, and his counsel appeared on his behalf. The victim testified, through a Spanish language interpreter, that appellant stole his satchel, “[l]ots of gemstones and silver and other parts for[] jewelry,” six silver bracelets, an iPhone, and two pairs of sunglasses. His iPhone was returned to him broken, which he then spent $200 to fix. When asked whether he got “most of [his] stuff back,” the victim responded, “Yes, of course.” But he then testified he did not recover his two pairs of sunglasses, worth $200, or the six silver bracelets, which had cost him $500. He had no receipts for these items. The victim also testified that appellant stole $85 in cash that was never returned. Finally, he did not go to work for one week because he “wasn’t in a great state of mind” after the robbery, and he lost $900 in pay as a result.