People v. Zamudio CA2/4

Filed 10/26/20 P. v. Zamudio CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).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 FOUR

THE PEOPLE, B301108

Plaintiff and Respondent, Los Angeles County Super. Ct. No. SA099969 v.

MICHELLE ZAMUDIO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Upinder S. Kalra, Judge. Affirmed. A. William Bartz, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Attorney General, Idan Ivri and Stephanie C. Santoro, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant and appellant Michelle Zamudio pled no contest to false personation (Pen. Code, § 529, subd. (a)(3))1 and was placed on formal probation after she purchased two bicycles from a retailer using a fraudulent credit card. The trial court ordered her to pay $14,048 in victim restitution. (§ 1202.4, subd. (f).) On appeal, Zamudio argues: (1) the court erred by ordering her to pay the victim the retail value of the bikes rather than the wholesale value; and (2) the court erred by ordering her to pay attorneys’ fees incurred by the victim. We affirm.

PROCEDURAL BACKGROUND The Los Angeles County District Attorney filed a complaint charging Zamudio with identity theft (§ 530.5, subd. (a); count one), grand theft (§ 487, subd. (a); count two), and false personation (§ 529, subd. (a)(3); count three). Zamudio pled no contest to count three. The trial court dismissed the remaining counts, suspended imposition of sentence, and placed Zamudio on formal probation for three years. Following a hearing, the court ordered Zamudio to pay $14,048 in victim restitution under section 1202.4, subdivision (f). Zamudio timely appealed.

1 All undesignated statutory references are to the Penal Code.

2