P. v. Molina CA2/7

Filed 5/22/13 P. v. Molina CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B240948

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA079155) v.

MATTHEW TOMAS MOLINA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Cynthia Rayvis, Judge. Affirmed. Jolene Larimore, under appointment by the Court of Appeal for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Paul M. Roadarmel, Jr. and Nima Razfar, Deputy Attorneys General, for Plaintiff and Respondent.

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Following his conviction for receiving stolen property, Matthew Tomas Molina appeals from the judgment, contending the evidence is insufficient to support the victim restitution award. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND 1. The Complaint and Plea and Sentencing Hearings Molina was charged in a felony complaint with committing first degree burglary and grand theft of personal property. Represented by appointed counsel, Molina waived his rights to a preliminary hearing and to a jury trial and entered a negotiated plea of no contest to an amended third count of receiving stolen property. In accordance with the plea agreement, the trial court suspended imposition of sentence and placed Molina on three years of formal probation. The remaining counts were dismissed on the People’s motion. As a condition of probation, the trial court ordered Molina to make restitution to the victim, Fred Benson IV, pursuant to Penal Code section 1202.4, subdivision (f) in an amount to be determined at a restitution hearing.