People v. Pancoast CA1/3

Filed 4/9/25 P. v. Pancoast CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A169766 v. THOMAS JON PANCOAST, (Contra Costa County Super. Ct. No. 01001852466) Defendant and Appellant.

Thomas Jon Pancoast appeals from a postconviction order imposing $50,000 in noneconomic damages under Penal Code section 1202.4, subdivision (f)(3)(F).1 He contends the trial court failed to provide a rational basis for its award because it did not state its method for calculating such damages. We disagree and affirm the order. BACKGROUND The Contra Costa County District Attorney filed an amended felony complaint charging Pancoast with multiple counts of committing a lewd act upon a child under 14 years of age (§ 288, subd. (a); counts 1–3, 11–14, 16–18, 20, & 22), rape by use of drugs (§ 261, subd. (a)(3); counts 4 & 6), sexual penetration by foreign object (§ 289, subd. (e); counts 5 & 7), committing a lewd act upon a child (§ 288, subd. (c)(1); counts 8–10, & 19), committing a

1 All undesignated statutory references are to the Penal Code.

forcible lewd act upon a child under 14 years of age (§ 288, subd. (b)(1); counts 15, 25–26), oral copulation or sexual penetration of a child under ten years of age (§ 288.7, subd. (b); count 21), and aggravated sexual assault of a child (§ 269, subd. (a)(1); counts 23–24). It was further alleged Pancoast committed the charged offenses in counts 1–3, 11–20, 22, and 25–26 against multiple victims. Defendant pled guilty to counts 1, 9, 11, 14, 16, 21, and 23. The court subsequently sentenced Pancoast to a prison term of 25 years to life on counts 1, 11, 14, and 16, a prison term of 15 years to life on counts 21 and 23, and a two-year term on count 9. The issue of restitution was reserved for a subsequent hearing. Although Jane Doe2 initially sought economic damages for medical bills, that request was withdrawn. Instead, Jane Doe’s parents requested an award of $250,000 in noneconomic damages. Following discovery, briefing, and a hearing, the court concluded the record supported an award of noneconomic damages and set the amount at $50,000, with statutory interest accruing from the date of sentencing. Pancoast timely appealed. DISCUSSION On appeal, Pancoast contends the trial court failed to identify the basis for the $50,000 noneconomic damages award or how it reached that amount. Pancoast asserts the court’s failure to make such findings constitutes an abuse of discretion and requires remand for a new hearing.