People v. Loretz CA3

Filed 3/28/14 P. v. Loretz CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Plumas) ----

THE PEOPLE,

Plaintiff and Respondent, C071563

v. (Super. Ct. No. CRF10002641) REBECCA VICTORIA LORETZ,

Defendant and Appellant.

A jury convicted defendant Rebecca Victoria Loretz of first degree burglary, receiving stolen property, and filing a false police report. The trial court sentenced her to two years in prison and ordered her to pay victim restitution. The trial court did not orally pronounce a restitution fine or a parole revocation fine at sentencing, but later issued a minute order modifying the sentence to add those fines. On appeal, defendant contends (1) the restitution and parole revocation fines must be stricken because the trial court did not include them in its oral pronouncement of

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sentence; and (2) the trial court should have ordered her former codefendant husband to be jointly and severally liable for victim restitution. We will strike the restitution fine and parole revocation fine because the trial court did not orally pronounce them in defendant’s presence. As for defendant’s husband, the trial court could not order him to be jointly and severally liable for victim restitution because the husband is not a defendant in this case. We will affirm the judgment as modified. BACKGROUND Given defendant’s contentions on appeal, we need not discuss the underlying crimes in detail. This case arises from the burglary of her father’s home in 2009, and the burglary of another man’s home in 2010. Defendant and her husband were initially charged together, but the husband’s case was subsequently separated from defendant’s case. The husband pleaded no contest to first degree burglary and the trial court sentenced him to two years in prison. Defendant is the only person charged in the amended information for this case. The jury convicted defendant of two counts of first degree burglary (Pen. Code, § 459),1 two counts of receiving stolen property (§ 496, subd. (a)), and one count of filing a false police report, a misdemeanor (§ 148.5). The trial court sentenced defendant to two years in state prison and ordered her to pay $11,000 in victim restitution. A subsequent minute order modified the sentence to include a $200 restitution fine (§ 1202.4, subd. (b)(1)) and a $200 parole revocation fine (§ 1202.45).