People v. Reynaud CA2/6

Filed 6/14/22 P. v. Reynaud CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B313412 (Super. Ct. No. 1443063) Plaintiff and Respondent, (Santa Barbara County)

v.

ANNAMARIE REYNAUD,

Defendant and Appellant.

AnnaMarie Reynaud appeals a victim restitution order following her conviction of diversion of construction funds (Pen. Code, § 484b),1 a felony; obtaining services/money by false pretenses (§ 532, subd. (a)), a felony; and contracting without a license (Bus. & Prof. Code, § 7028, subd. (a)), a misdemeanor. Pursuant to a plea bargain, Reynaud pled guilty to various offenses, including diversion of construction funds, obtaining services by false pretenses, and contracting without a license.

All further statutory references are to the Penal Code 1

unless otherwise stated.

She also admitted that she diverted property of a value exceeding $200,000 and defrauded residential property owners. Reynaud was placed on probation and ordered to pay restitution to her victims, Ron and Laura Dinning, who had paid Reynaud money to build a house for them. We conclude, among other things, that the trial court did not abuse its discretion by ordering restitution in the amount of $2,598,917. We affirm. FACTS In 2013, the People filed a five-count felony complaint against Reynaud. They alleged she had committed the offense of diversion of construction funds (§ 484b) (count 1); grand theft of personal property (§ 487, subd. (a)) (count 2); obtaining services/money by false pretenses (§ 532, subd. (a)) (count 3); failure to file an income tax return (Rev. & Tax Code, § 19706) (count 4); and contracting without a license (Bus. & Prof. Code, § 7028, subd. (a)) (count 5). Reynaud entered into a plea agreement. She pled guilty to counts 1, 3, and 5. She also made the following admissions: she 1) unlawfully diverted construction funds from the Dinnings “in an amount exceeding $200,000”; 2) “fraudulently” obtained money from the Dinnings; and 3) “acted in the capacity of a general contractor when [she] was not licensed by the Contractor’s State Licensing Board and [she] knew [she] was not licensed.” The trial court held a victim restitution hearing and made the following factual findings: The Dinnings lost their Montecito home to the Tea Fire on November 13, 2008. Reynaud sent them an unsolicited fax claiming she could build a replacement “green home” that would