People v. Avila-Castro CA2/3

Filed 9/4/15 P. v. Avila-Castro CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B256978

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA102377) v.

DIANA LISETH AVILA-CASTRO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed.

Cynthia L. Barnes for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Michael C. Keller and Rene Judkiewicz, Deputy Attorneys General, for Petitioner and Respondent.

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INTRODUCTION Defendant and Appellant Diana L. Castro appeals from the trial court’s judgment ordering Defendant to pay restitution in the amount of $417,663.95 to the victims of her grand theft by embezzlement, to which she pleaded no contest. Defendant asserts that the court abused its discretion in making the restitution order because the amount awarded was in part based on speculation. Defendant asserts that the State failed to prove with sufficient evidence that certain losses were caused by Defendant’s criminal conduct. We affirm because substantial evidence in the form of victim testimony supported the court’s restitution order. FACTS AND PROCEDURAL BACKGROUND From 2008 to May 2013, Defendant worked as the accounting manager for N.C. Star, Inc., a business owned by Carson Cheng that imported sporting goods from China into the United States. Defendant had access to N.C. Star’s business accounts, and utilized N.C. Star’s credit cards to make purchases for her personal benefit without authorization from N.C. Star or Cheng. Cheng discovered Defendant’s embezzlement in May 2013. Defendant pleaded no contest to two counts of grand theft by embezzlement under Penal Code1 section 487, subdivision (a), and admitted that in the commission of the theft, she took property of a value exceeding $200,000 within the meaning of section 12022.6, subdivision (a)(2). At the restitution hearing, Cheng testified about Defendant’s role in managing the company’s finances and her access to the company’s credit cards. Cheng testified how he discovered many unauthorized charges on several company credit cards, determined that they were made by Defendant for her personal use, and fired Defendant. Cheng testified that the unauthorized charges by Defendant totaled $417,663.95. This number comprised of $133,839.18 in online postage purchases on postagestamps.com, $35,185.75 in purchases on gift card exchange websites, $53,366.86 in PayPal purchases,