People v. Juan CA2/3

Filed 2/17/16 P. v. Juan CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B266707

Plaintiff and Respondent, Los Angeles County Super. Ct. No. LA081324 v.

MANUEL A. JUAN,

Defendant and Appellant.

APPEAL from a post-judgment order of the Superior Court of Los Angeles County, Alan K. Schneider, Judge. Affirmed. Christian C. Buckley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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INTRODUCTION Defendant Manuel Juan pled no contest to one count of taking or driving a vehicle without the owner’s permission. On appeal, he challenges only the trial court’s post-judgment victim restitution order. We affirm. PROCEDURAL BACKGROUND By felony complaint filed on July 6, 2015, defendant was charged with one count of driving or taking a vehicle—a 1995 Chevrolet Astro van—without the owner’s consent (Veh. Code, § 10851, subd. (a); count 1), two strike priors (Pen. Code,1 § 667, subds. (b)-(i); § 1170.12, subds. (a)–(d)), and one prison prior (§ 667.5, subd. (b)). Defendant waived arraignment on the complaint, pled not guilty, and denied the allegations. On July 17, 2015, in a negotiated disposition, defendant pled no contest to count 1 and admitted one strike prior. On July 21, 2015, the court sentenced defendant to 32 months in state prison. The court selected count 1 (Veh. Code, § 10851, subd. (a)) as the base term, and sentenced defendant to 32 months (the low term of 16 months, doubled for the prior strike). The court also ordered defendant to pay victim restitution under section 1202.4, subdivision (f) in an amount to be determined at a later hearing. (See § 1202.46 [“when the economic losses of a victim cannot be ascertained at the time of sentencing . . . , the court shall retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined.”].) The court dismissed the remaining allegations. On August 24, 2015, after a contested hearing, the court ordered defendant to pay $4,379 in victim restitution. Defendant filed a timely notice of appeal from the post-judgment restitution order, and we appointed counsel to represent him. Defendant does not challenge his underlying conviction or the court’s authority to impose victim restitution. The order is appealable because it was made after judgment and affected defendant’s substantial rights. (§ 1202.4, subd. (f); § 1237, subd. (b); People v. Ford (2015) 61 Cal.4th 282, 286.) 1 All undesignated statutory references are to the Penal Code.