People v. Antracoli CA6

Filed 3/23/26 P. v. Antracoli CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H052846 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2306310)

v.

MATTHEW ANTRACOLI,

Defendant and Appellant.

In April 2023, while Jorge Torres was walking his dog, he was shot and killed by Matthew Antracoli. After pleading no contest to murder and a firearm enhancement, Antracoli was sentenced to 15 years to life in prison for the murder and a consecutive 10-year term for the enhancement. The trial court later awarded over $25,000 in restitution to Torres’s siblings, including $7,712 for the costs of caring for Torres’ dog. On appeal, Antracoli challenges the amount awarded for caring for Torres’ dog. In particular, Antracoli argues that the trial court abused its discretion by not deducting the dog’s value from the award. Because this argument was not raised below, we conclude it has been forfeited and affirm the restitution order. I. BACKGROUND Because Antracoli pleaded no contest before the preliminary hearing, we draw the description below from the probation report and the sentencing hearing.

On April 19, 2023, in the middle of the day, Jorge Torres was walking his dog, a five-year-old pocket bully, around a town home complex in San Jose. Pocket bullies are valuable, and, according to the prosecutor, Torres paid between $1,500 and $2,000 for his dog. Pocket bullies also resemble French bulldogs, which have become a mascot for the Norteño criminal gang, of which Antracoli was a member. When Torres and his dog approached Antracoli’s car, Antracoli exited, tried to grab the dog, and fatally shot Torres. Multiple witnesses saw the shooting, which also was recorded on surveillance footage. In addition, a firearm with Antracoli’s fingerprints was left on the roadway near Torres’ body. In May 2023, Antracoli was arrested and charged with murder under Penal Code section 187, subdivision (a). (Subsequent unspecified statutory references are to the Penal Code.) Shortly thereafter, Antracoli entered into a plea agreement under which he agreed to plead no contest to the murder charge as well as an enhancement for firearm use under section 12022.53. Antracoli also agreed to a stipulated sentence of 15 years to life on the murder charge with a consecutive 10-year sentence on the enhancement in exchange for dismissal of five charges in another case and a concurrent sentence on the remaining two counts. At the sentencing hearing, the prosecutor requested restitution for the costs of Torres’ funeral that the California Victim Compensation Board had paid, and Torres’ siblings requested restitution for lost wages, parking fees, travel costs, increased housing costs incurred in caring for Torres’ mother who had lived with him before his death, and—most pertinently to this appeal—the costs of taking care of Torres’ dog. Accordingly, the trial court requested briefing on restitution and set a hearing. The prosecutor submitted a memorandum with statements of loss from Torres’ siblings. For Torres’ dog, the prosecutor asked for $9,712 based on the dog’s age and the American Kennel Club’s estimate of the costs of caring for a dog of that size. Antracoli filed a response challenging the restitution sought. In particular, Antracoli challenged the