People v. Reyes CA2/5

California Court of Appeal Jan 22, 2021 No. B305766Unpublished

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Holding. The court held that a trial court does not abuse its discretion by ordering a defendant convicted of vehicle theft to pay restitution for personal property missing from the vehicle, even if the defendant did not personally steal those items.

Issues

Whether a restitution order for property missing from a stolen vehicle is improper when the defendant was only convicted of vehicle theft.
Whether the trial court abused its discretion in calculating the amount of restitution based on the victim's unrebutted claims.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“California courts have long interpreted the trial courts’ discretion to encompass the ordering of restitution as a condition of probation even when the loss was not necessarily caused by the criminal conduct underlying the conviction.”

“The trial court did not abuse its discretion when it found a sufficiently close relationship between the defendant’s criminal conduct and the victim’s injury.”

“The trial court did not abuse its discretion in crediting Chairez-Garcia’s unrebutted report of her losses.”

Filed 1/22/21 P. v. Reyes CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B305766

Plaintiff and (Los Angeles County Respondent. Super. Ct. No. MA077716)

URIEL GIOVANNY REYES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Charles A. Chung, Judge. Affirmed. Jolene Larimore, 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 Assistant Attorney General, Paul M. Roadmarel, Jr., Supervising Deputy Attorney General, David A. Wildman, Deputy Attorney General, for Plaintiff and Respondent. __________________________

Defendant and Appellant Uriel Giovanny Reyes appeals the trial court’s postjudgment order requiring him to pay $2,177 in direct victim restitution as a condition of probation. On December 1, 2019, Los Angeles County Sherriff’s deputies pulled Reyes over for driving a stolen vehicle. Reyes immediately told the officers he bought the car from Gabriel Martinez, a mechanic with a reputation for selling stolen vehicles. The car’s true owner, Yajaira Chairez- Garcia, gave the car to Martinez for mechanical service, but Martinez never returned the car and instead sold it Reyes.1 Reyes pleaded no contest to taking or unlawful driving of a vehicle.2 (Veh. Code, § 10851, subd. (a) [count 1].) The trial court sentenced him to three years’ probation and thirty days of community service, and imposed various fines and fees. In a later proceeding, the trial court ordered direct

People v. Reyes CA2/5

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B305766

URIEL GIOVANNY REYES,

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PROCEDURAL HISTORY

DISCUSSION

DISPOSITION

MOOR, J.

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