People v. Lopez CA2/7

Filed 4/5/23 P. v. Lopez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B320125

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA156009) v.

JESSE MANUEL LOPEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Sean D. Coen and Pat Connolly, Judges. Affirmed. Richard B. Lennon, 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, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, and Blake Armstrong, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION

Jesse Lopez pleaded no contest to driving or taking a vehicle without the owner’s consent, and the trial court ordered him to pay the victim, Karl Crishon, $940 in restitution. Lopez argues the trial court abused its discretion by including in the restitution award three hours of labor by Crishon, a retired mechanic who fixed the car himself, at the hourly rate charged by a professional mechanic working at an automobile dealership. Because there was a factual and rational basis for the court’s award, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Lopez Drives Crishon’s Vehicle Without Consent, and Deputy Sheriffs Retrieve It One evening in September 2021 Crishon parked his car, a 1999 Honda compact crossover SUV, on the street in front of his house. When he woke up early the next morning, his car was gone. Crishon went to the police station and filed a report. That afternoon Los Angeles County Sheriff’s deputies saw the car, conducted a traffic stop, and identified the driver as Jesse Lopez. Lopez claimed the vehicle belonged to a friend, but Lopez suspected it was stolen. After confirming Crishon did not know Lopez or give him permission to drive his car, the deputies arrested Lopez and impounded the car. A local police department later contacted Crishon and told him to come get his car.