People v. Cervantes CA3

Filed 2/18/26 P. v. Cervantes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C102843

Plaintiff and Respondent, (Super. Ct. No. STKCRFECOD20220010085) v.

ISAAC ALONSO CERVANTES,

Defendant and Appellant.

Defendant Isaac Alonso Cervantes was found with numerous items of Lululemon merchandise and pled no contest to receiving stolen property. The trial court ordered defendant to pay $31,104 in restitution based on the items’ manufacturer’s suggested retail price (MSRP). Defendant now argues the court should have ordered restitution based on the wholesale price of the items. The People agree but contend this claim is forfeited. We exercise our discretion to reach the merits and remand for a new restitution hearing.

1

BACKGROUND On three separate visits in January, February, and April 2022, an investigator went to the Laney Flea Market and scanned 277 different Lululemon clothing items offered for sale by defendant and his wife Maria Vargas-Cervantes1 at their booth. During a search of defendants’ home in April 2022, law enforcement found 82 more items of Lululemon merchandise. Investigators ultimately determined all of the items had been stolen. While the items that were recovered were returned to Lululemon, Lululemon deemed them unsellable as stolen goods. The items were ultimately donated, and Lululemon did not take a tax deduction for stolen merchandise or submit an insurance claim. The total MSRP of the merchandise found at the Laney Flea Market and defendants’ home was $36,690. Defendants were charged with multiple counts of receipt of stolen goods and grand theft of property from multiple retailers, including Lululemon. In 2023, defendants both pled no contest to two counts of receipt of stolen property (Pen. Code § 496, subd. (a)) pursuant to a plea agreement. As part of their pleas, defendants agreed to pay restitution and agreed to a factual basis that they had knowingly possessed $8,956 worth of stolen Lululemon merchandise at their home. The court sentenced both defendant and Vargas-Cervantes to two years of probation, including 120 days in jail. The court held a restitution hearing over three days in 2024. The People requested $36,690 in restitution for Lululemon, specifically for 59 items with tags recovered during the warrant search with a total value of $6,612; 20 women’s leggings without tags returned with warrant, total value of $1,960; three men’s pants without tags returned with warrant, total value of $384; 177 items being sold at the Laney Flea Market on January 23, 2022, total value of $17,346; 49 items being sold at the Laney Flea Market on