People v. Arnold

Opinion

VARTABEDIAN, J.

We are called upon to decide whether a sentencing court may properly order a defendant committed to prison to pay the full amount of restitution, rather than an apportioned share, under circumstances where his codefendant has been ordered to reimburse the same loss. Given the facts of the present case, we find that joint and several orders for payment of restitution made pursuant to Government Code section 13967, subdivision (c),

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are permissible.

Facts and Proceedings

On February 15 and 16, 1993, defendant William John Arnold participated with a number of other individuals in burglarizing the home of Armando

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Salinas, while Salinas and his wife were out of town. The burglars loaded substantial items from the home into a rented moving van. The total value of the items taken approached $20,000. Some of the property was recovered, including items found at defendant’s residence.

Bryant Lambert and defendant were jointly charged with two counts of residential burglary. They were granted separate trials. A jury found defendant guilty as charged. Lambert later pleaded guilty to one of the charged counts.

On August 20, 1993, the court denied probation and sentenced defendant to a four-year prison term; defendant requested and was granted a further hearing on the matter of restitution.

Meanwhile, a different judge sentenced Lambert to a two-year prison term and ordered him to pay restitution of $5,300

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to victim Salinas.

On November 23, 1993, defendant’s restitution hearing proceeded. Based upon Salinas’s testimony, the court determined the full amount of Salinas’s unreimbursed loss to be $1,875; defendant was ordered to pay that sum as direct restitution pursuant to section 13967(c).

Defendant appeals, raising only the issue of restitution.