People v. Parrish CA3

Filed 8/17/16 P. v. Parrish CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C080153

Plaintiff and Respondent, (Super. Ct. No. CRF-2014- 5102-2) v.

CRISTINA MARIE PARRISH,

Defendant and Appellant.

Defendant Christina Marie Parrish was charged in a consolidated information with two counts of first degree residential burglary (Pen. Code, § 459)1 and various misdemeanors. The burglaries were alleged to have occurred on different dates--nearly five months apart--and involved separate victims. The information also alleged that

1 Further undesignated statutory references are to the Penal Code.

1

defendant had committed a felony while out on bail (§ 12022.1, subd. (b)) and that she had served a prior prison term (§ 667.5). Defendant pleaded no contest to the two burglary counts and admitted the on bail enhancement. The trial court sentenced her to five years four months in state prison and ordered her to pay $5,597 in restitution to one of her burglary victims; the remaining victim did not request any restitution. Defendant claims on appeal that the restitution order is insufficient for appellate review, and that the trial court abused its discretion in ordering her to pay restitution for theft when she pleaded no contest only to burglary and neither her admission nor the evidence providing the factual basis for her plea indicated she was responsible for the theft. We review the order and reverse. BACKGROUND Preliminary Hearing Testimony As relevant to the restitution issue on appeal, the testimony elicited at defendant’s preliminary hearing elicited the following facts: On October 10, 2014, the victim left her home at 7:00 a.m. At 11:30 a.m., a witness saw defendant and a man leaving the victim’s yard. When the witness approached them, the man fled on a bicycle and defendant fled on foot. There was no testimony that either was seen carrying anything. West Sacramento Police Officer Lewis Cameron arrived at the victim’s home and found the back door open. Outside the house, he found a hair dryer, a computer speaker, a box cutter, a duffel bag full of property, and jewelry. The victim found her home ransacked and several items missing including a television, camera, speakers, external computer hard drive, DVD player, car stereo, additional electronic items, clothes, and jewelry. She noted that her kitchen window was open and the screen was on the ground.