People v. Chivrell CA3

Filed 5/9/25 P. v. Chivrell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C101250

Plaintiff and Respondent, (Super. Ct. No. 24CF01586)

v.

KRIS VALL CHIVRELL,

Defendant and Appellant.

Defendant Kris Vall Chivrell pled no contest to felony vandalism and was ordered to pay over $40,000 in direct victim restitution for extensive damage he caused to the victim’s truck. On appeal, he argues his trial counsel was ineffective because he failed to object to the recommended restitution amount or request a hearing on the matter. He contends the restitution order must be reversed and that the matter be remanded for a restitution hearing. Finding no merit to his contentions, we shall affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND After dating for nearly a decade, in February 2024, A.R. told Chivrell that she wanted to end their relationship.1 During a subsequent argument, Chivrell struck A.R. with his fist on the side of her head. A.R.’s friend, E.D., witnessed the incident. Two months later, in April 2024, Chivrell significantly damaged E.D.’s Ford F-150 truck after he got mad that A.R. went to a casino with E.D. Chivrell was supposed to remove the engine and replace it. Instead, he removed the engine and sold it for scrap (without E.D.’s permission) and then failed to install the new engine, which E.D. believed he had also sold for scrap. Chivrell broke the rear window, the driver’s side window, the windshield, and the right mirror, and he slashed the truck’s tires. E.D. submitted a repair estimate to law enforcement from an automotive repair shop for $43,819.97, which represented the cost to fix the damage Chivrell caused to her truck. Based on the two incidents, Chivrell pled no contest in April 2024 to misdemeanor domestic violence battery (Pen. Code, § 243, subd. (e)(1))2 and felony vandalism causing over $400 worth of property damage (§ 594, subd. (a)) in exchange for a stipulated “NISP” agreement (no immediate state prison agreement); the matter of probation and sentencing was to be determined solely by the judge. The plea agreement acknowledged that, as a consequence of his plea, Chivrell would have to pay victim restitution and other additional fines. In May 2024, the trial court placed Chivrell on three years of formal probation with various terms and conditions. At the sentencing hearing, the trial court discussed restitution and fines with Chivrell. The probation report had recommended direct victim restitution in the amount