People v. Gantz CA3

Filed 1/24/24 P. v. Gantz CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C098294

Plaintiff and Respondent, (Super. Ct. No. 62169222)

v.

MEGHAN ELISABETH GANTZ,

Defendant and Appellant.

Defendant Meghan Elisabeth Gantz pled no contest to resisting a peace officer and illegal possession of a firearm and was placed on two years of formal probation. The trial court then presided over a restitution hearing and ordered Gantz to pay restitution directly to her victims totaling $60,312.24. Gantz appeals from the restitution order. She argues the trial court abused its discretion in ordering her to pay $60,312.24; the People concede the error. We will accept the People’s concession and remand the matter for a new restitution hearing.

1

BACKGROUND In February 2022, Gantz pled no contest to resisting a peace officer and illegal possession of a firearm. The remaining charges were dismissed; a burglary charge was dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The trial court suspended imposition of sentence and placed Gantz on two years of formal probation. Following Gantz’s conviction, the trial court held a hearing on victim restitution. The victims sought reimbursement for the cost of a fence they built to secure their home after Gantz’s criminal conduct caused them to lose their sense of security. At the hearing, one of the victims, Jonathan A., testified that after Gantz broke into his and his wife’s home they installed motion sensor lights and a larger dead bolt to increase their sense of security. They also changed their locks, bought a firearm, and got a dog. In the summer of 2020, the victims built a fence to signal to others that their property was private property. The fence helped the victims sleep better at night. Jonathan spent six to eight hours a day during the COVID quarantine building the fence. He cut down their own cedar trees and milled them to a “special thickness” not available in stores. The victims hired a neighbor to move rocks and dig postholes for the fence. When completed, the fence was 400 feet long and completely surrounded the victims’ home. According to the victims, building the fence themselves was cheaper than hiring someone to do the job. Jonathan testified that he missed “some work” while building the fence. Because it was during the COVID quarantine, however, work was already slow, and he had “a lot of free time.” He testified that his hourly rate averaged $75 an hour. To establish the cost of building the fence, Jonathan received estimates from two construction companies. One estimate, dated December 13, 2021, said the cost to build that fence would be approximately $56,324.48. In December 2022, a different construction company estimated it would cost approximately $64,300 to build that fence. Both estimates included the cost of materials and labor.