People v. Tourtillott CA1/2

Filed 5/21/21 P. v. Tourtillott CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, v. A161247

MADISEN TOURTILLOTT, (San Francisco County Defendant and Appellant. Super. Ct. No. SCN227175)

Defendant Madisen Tourtillott appeals from the court’s sentence, particularly its order that she pay restitution to three different victims totaling $15,629.79. Tourtillott’s appellate counsel requests this court independently review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Counsel informed Tourtillott of her right to file a supplemental brief, and she has not filed one. Upon our Wende review, we conclude there are no arguable appellate issues requiring further briefing and affirm. BACKGROUND In March 2017, the San Francisco County District Attorney filed an information alleging that on or about February 8, 2017, Tourtillott and another defendant, Smith, burglarized L.M.’s home with another person other than an accomplice present in the residence (Pen. Code, §§ 459, 667.5,

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subd. (c)(21)1) and received or bought stolen property belonging to A.S. (§ 496, subd. (a)). The information alleged in separate counts that Smith assaulted with force likely to cause great bodily injury, robbed and falsely imprisoned L.M., and also alleged certain enhancements. At the preliminary hearing, L.M. testified that on February 8, 2017, he and three roommates lived together in a house on San Francisco’s Treasure Island. In the late afternoon, he answered a knock on the front door to find Tourtillott, a stranger to him, standing there. She asked him for “Sean.” L.M. had never had a roommate there named Sean and told her no one by that name lived there. L.M. closed the door and returned to his room. About twenty minutes later, L.M. heard another knock on the front door. Through the peephole, he saw a different girl. He opened the door and two men, including Smith, also a stranger to him, forced their way into his home accompanied by the girl. They kept asking for “Sean.” The two men “brutally” beat L.M. and threatened to further harm him as they asked about money and drugs. Smith kicked down doors and the men threatened another roommate who was home. L.M saw the two men grab televisions, laptops, a video game console, his brother’s locksmith tools and wooden safe. They put them in the trunk of a red Mustang as Tourtillott sat in the driver’s seat. The assailants and Tourtillott left in the Mustang, driven by one of the girls (he could not tell which one). He suffered a loose tooth and a facial laceration that required seven stiches. Tourtillott entered into a negotiated disposition of her case, which the prosecutor stated in court included that she pay “restitution” without providing further details. Tourtillott confirmed that the stated disposition terms were accurate. She pleaded no contest to misdemeanor receiving