People v. Altieri CA1/5

Filed 3/16/16 P. v. Altieri CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A144998 v. TROY PHILIP ALTIERI, (Contra Costa County Super. Ct. No. 51322650) Defendant and Appellant.

Defendant and appellant Troy Philip Altieri appeals from the trial court’s restitution award. We affirm. PROCEDURAL BACKGROUND In November 2013, appellant, along with co-defendant Marshall Pease, were charged by information with one count of grand theft (Penal Code § 487, subd. (a))1 and one count of possession of burglary tools (§ 466). In June 2014, the information was amended to add one count of trespass for the purpose of injuring property or property rights (§ 602, subd. (k)). Appellant pleaded no contest to that charge and was placed on probation for 90 days, with imposition of sentence suspended. The other counts were dismissed. The issue of restitution was reserved for a future hearing. The trial court held a contested restitution hearing in February 2015. Based on testimonial and documentary evidence presented by the People, the trial court awarded

1 All undesignated statutory references are to the Penal Code.

1

the victim, the City of Richmond, restitution in the amount of $41,100, with appellant and Pease jointly and severally liable. This appeal followed. FACTUAL BACKGROUND Preliminary Hearing Testimony Regarding the Underlying Incident The evening of April 15, 2013, Richmond police officer David Longacre was patrolling near the “Kaiser Shipyard graving basins.” He noticed a gate leading to the basins was open a few inches. The officer entered and walked down to a walkway below the basins. He noticed a fishing pole propped against the wall behind some electrical boxes and a white bag containing some small hand tools on the ground. The covers of the electrical boxes were open and there were sections of encased-aluminum wire that had been cut and removed. He continued along the walkway and 25-30 feet away he saw what appeared to be a few hundred feet of the same wire lying on the ground and more of the wire hanging out of an overhead conduit. About 75 feet further, there was a winch hooked up to a car battery; a black bag with tools and fishing bait was next to the winch. Officer Longacre testified that covers from three or four electrical boxes had been removed and the wires inside had been cut. The only wire that remained was a small section of cut wire that was still attached inside the boxes; the remainder of the wire had been pulled out from the conduits. The officer did not notice any other damage to the boxes. The police found appellant and Pease hiding in a storage area a few hundred feet from the winch. Appellant admitted the black bag by the winch and the fishing pole were his. Michael Williams, a manager in the Port Department for the City of Richmond, testified about the damage he saw on April 16, 2013 at the graving basins. Wire had been pulled out of conduits, pull boxes where wires are joined together had been separated, and two or three electrical boxes were damaged. About 400 to 600 feet of wire had been removed. The previous day those wires and boxes were intact. He asked an electrical company that was working for the Port on other nearby projects, Rosendin Electric, for