People v. Nunez CA4/3

Filed 2/27/13 P. v. Nunez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G046486

v. (Super. Ct. No. 09NF2905)

ANTHONY NUNEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, William L. Evans, Judge. Affirmed. Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, James D. Dutton and Donald W. Ostertag, Deputy Attorneys General, for Plaintiff and Respondent.

Following his conviction for grand theft, appellant Anthony Nunez was ordered to pay restitution to the victim jointly and severally with his brother and codefendant Phillip Nunez.1 Anthony argues he was less blameworthy than his brother, and therefore he should only have to pay restitution in proportion to his culpability. We disagree and affirm the judgment. FACTS Anthony was charged with committing grand theft against Joseph Lopez. After pleading guilty to the charge, he was placed on probation and ordered to serve 120 days in jail. The court then held a hearing on the issue of restitution. At the hearing, Lopez testified he lived with the Nunez brothers from about December 2008 to March 2009. During that time, he not only paid the Nunez brothers rent, he also loaned them an extra $10 or $20 from time to time because they threatened to “kick [his] ass.” Lopez asked them to repay the money, but they refused. After Lopez moved out, the Nunez brothers came to his residence four or five different times and asked him for money. On each occasion, they accompanied him to the post office to pick up his monthly pension check of $985. Then they made him cash the check and give them all the money. Lopez testified that he felt threatened by the Nunez brothers and that “they” forced him to give them the cash. In fact, one time in August or September 2009, he and Phillip had a brief physical confrontation over one of his pension checks. Following that incident, Lopez called the police and reported the thefts. Based on this evidence, the trial court ordered restitution in the amount of $3,940 (four pension checks worth), plus interest. Because the Nunez brothers were both involved in the thefts, the court ordered them jointly and severally liable for the full amount of Lopez’s losses.