People v. Arreola CA6

Filed 3/27/14 P. v. Arreola CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039595 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. 211737)

v.

JOSE ALBERT ARREOLA,

Defendant and Appellant.

INTRODUCTION Defendant Jose Albert Arreola pleaded no contest to kidnapping (Pen. Code, § 207, subd. (a))1, robbery of an inhabited place (§ 213, subd. (a)(1)(A), false imprisonment (§§ 236 & 237), extortion (§§ 518 & 520), and theft or unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)). Defendant was ordered to pay victim restitution jointly and severally with his codefendant Christopher Martinez for damages to the victim’s vehicle. On appeal, defendant argues that the trial court erred in ordering him to pay victim restitution for the loss of the vehicle. He contends that the damage to the car was due to Martinez’s negligent driving, which occurred after defendant’s involvement in the unlawful taking had terminated.

1 All further statutory references are to the Penal Code unless otherwise specified.

BACKGROUND2 On or about February 9, 2010, defendant played dice with the victim, and the victim won $200. Defendant did not have cash on him, so he gave the victim a laptop as collateral. On February 10, 2010, defendant told the victim that he had the $200 he owed, and defendant invited the victim to come to a residence so that they could exchange the money for the laptop. The victim drove to the residence and met defendant and another male. They played dice in the backyard of the residence, and the victim won. Defendant and the other male punched and kicked the victim and took the victim’s wallet, phone, car keys, and ring. Defendant demanded that the victim provide a personal identification number (PIN) to the victim’s ATM account. The victim provided the numbers, but defendant’s attempt to withdraw funds from an ATM machine was unsuccessful. Defendant returned to the residence and called Martinez. When Martinez arrived at the residence, he beat the victim with a metal pipe. Defendant and Martinez bound the victim’s wrists and ankles with duct tape and put a plastic bag over the victim’s head. When defendant and Martinez discussed whether to kill the victim, the victim suggested that they take him to Bay 101 casino, where he could withdraw money. Defendant, Martinez, and the victim drove to the casino in the victim’s car. Inside the casino, the victim wrote a personal check to defendant in the amount of $800. As defendant began walking towards the exit, the victim ran away and flagged down a security guard to call the police. Defendant and Martinez left the casino before the police arrived. Defendant left on foot, and Martinez left in the victim’s car. On November 15, 2012, defendant pleaded no contest to kidnapping (§ 207, subd. (a)), robbery of an inhabited place (§ 213, subd. (a)(1)(A)), false imprisonment (§§ 236 & 237), extortion (§§ 518 & 520), theft or unauthorized use of a vehicle (Veh.