People v. Ramirez CA2/4

Filed 12/13/22 P. v. Ramirez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B315047

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA095073 v.

OSCAR RAMIREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, David Walgren, Judge. Vacated in part, affirmed in part with modifications. Larenda R. Delaini, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Scott A. Taryle and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant Oscar Ramirez pled no contest to receiving a stolen vehicle. (Pen. Code, § 496d.1) At a restitution hearing, the owner of the vehicle testified that two toolboxes had been removed from his truck between the time it was stolen and when it was returned. The trial court ordered Ramirez to pay the victim $400 in restitution as the value of the toolboxes. Ramirez appeals, asserting that there is no evidence connecting him to the theft of the toolboxes, as opposed to simply possessing the stolen vehicle. We agree, and therefore strike the restitution order from the judgment. FACTUAL AND PROCEDURAL BACKGROUND The People filed a complaint charging Ramirez with five felonies: one count of receiving a stolen vehicle (§ 496d, count 1); and four counts relating to stolen U.S. Treasury checks (§§ 496, subd. (a), 475, subd. (a), counts 2 through 5). The complaint alleged the crimes occurred on or about May 25, 2020. Ramirez pled no contest to counts 1 and 2. Ramirez agreed to pay restitution on all counts, and agreed that the value of the property in each count exceeded $950. The court sentenced Ramirez to 16 months in county jail and ordered him to make restitution to the victims of his crimes in an amount to be set at a hearing. Ramirez waived his appearance at the restitution hearing. At the restitution hearing, victim Jesus D.2 testified that he discovered his pickup truck was missing on May 5, 2020. In the