People v. Stamm CA2/5

Filed 7/11/14 P. v. Stamm CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B249126

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA086085) v.

JORDAN ROSSETTER STAMM,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of the County of Los Angeles, Terry Smerling, Judge. Reversed. Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Shawn McGahey Webb, Supervising Deputy Attorney General, and Ryan M. Smith, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION

Defendant, Jordan Rossetter Stamm, pleaded no contest to evading a peace officer with willful disregard for human safety and property. (Veh. Code, § 2800.2, subd. (a).) The trial court suspended imposition of sentence and placed defendant on formal probation. The trial court ordered defendant to pay $2,073.08 in victim restitution (Pen. Code, § 1202.4, subd. (f)) to an individual with whom defendant had an automobile accident almost one hour after his encounter with the peace officer. Defendant argues no substantial evidence supported the restitution order amount and the trial court failed to articulate the basis for its calculation. We reverse the order because defendant, at the time of the accident had long reached a place of temporary safety and thus the crime had ended.