People v. Robertson CA3

Filed 9/28/20 P. v. Robertson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C081809

Plaintiff and Respondent, (Super. Ct. No. CM043266)

v.

SHAWN TROY ROBERTSON,

Defendant and Appellant.

The People charged defendant Shawn Troy Robertson with being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1))1 and receiving stolen property with a value in excess of $950 (§ 496, subd. (a)). Defendant pleaded no contest to the charges and the trial court sentenced him to an aggregate term of eight years involving

1 Undesignated statutory references are to the Penal Code in effect at the time of the charged offenses.

1

this case and two other cases.2 The trial court subsequently ordered defendant to pay $10,215 in direct victim restitution to Cal Fire. On appeal, defendant contends the trial court abused its discretion in ordering him to pay restitution to the California Department of Forestry and Fire Protection (Cal Fire) because although the stolen property was taken during a burglary at Cal Fire, defendant was never charged with that burglary. In supplemental briefing, he asks that we strike his one-year prior prison term enhancement in light of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Stats. 2019, ch. 590, § 1 (S.B. 136).) We affirm the restitution order. We also decline to strike the prior prison term enhancement because it was imposed in a case that was final before S.B. 136 went into effect and is not before this court on appeal. FACTUAL AND PROCEDURAL BACKGROUND On April 18, 2015, the Cal Fire Openshaw Road Facility (the Cal Fire facility) in Butte County was burglarized. Three dental lab invoices bearing the name Suzy Vollendroff were found at the Cal Fire facility. Ms. Vollendroff is defendant’s mother. Law enforcement subsequently executed a search warrant on Ms. Vollendroff’s home, where defendant resided. At Ms. Vollendroff’s home, law enforcement found Ms. Vollendroff’s truck. The tread from her truck’s tires matched the tire marks left at the Cal Fire facility near the opening in the fence, which was cut to facilitate entry by a vehicle. During the execution of the search warrant, law enforcement found items stolen from the Cal Fire facility near “where [defendant] had been keeping his property[].” Ms. Vollendroff had an alibi for the day of the burglary, but she said it was possible defendant drove her truck without her knowledge.