People v. Erbe CA3

Filed 2/11/14 P. v. Erbe CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C073887

Plaintiff and Respondent, (Super. Ct. No. CRF123981)

v.

SARA LEE ERBE,

Defendant and Appellant.

Defendant Sara Lee Erbe pled no contest to theft or unauthorized use of a vehicle, possessing marijuana for sale, and identity theft. After sentencing defendant to two years eight months’ local prison time, the trial court ordered her to pay restitution to two victims: (1) the owner of the stolen car, to the extent his loss was not reimbursed by his auto insurance carrier, Allstate Insurance (Allstate); and (2) Allstate, for the amount paid to the car’s owner and not otherwise recovered in salvage value.

1

Defendant contends, and the People concede, that Allstate is not eligible for victim restitution because it is not a direct victim of the theft offense, as required by Penal Code1 section 1202.4, subdivision (k)(2). Because we agree, we shall strike the restitution award to Allstate and affirm the judgment as modified. BACKGROUND Pursuant to a negotiated disposition, defendant pled guilty to the theft or unauthorized use of Balbir Mangar’s vehicle. Allstate paid Mangar $18,083, the value of the vehicle. After Allstate became the registered owner, it sold the stolen vehicle for the salvage value of $5,810, and sought restitution from the defendant for the difference, $12,273. For his part, Mangar sought restitution from defendant as follows: $6,000 for the difference between what he paid for the vehicle and what Allstate paid him for the loss; $2,000 for the custom navigation and sound system he had installed into the vehicle; and $500 for his unrecovered policy deductable. Over the objection of defense counsel, the trial court ordered defendant, at sentencing,to pay restitution to Allstate and Mangar in the amounts sought.2 DISCUSSION Section 1202.4, subdivision (f) provides that, “in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court