People v. Mears CA3

Filed 6/13/24 P. v. Mears CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE,

Plaintiff and Respondent, C098457

v. (Super. Ct. No. MAN-CR-FE- 2022-0006383) AARON JAMES MEARS,

Defendant and Appellant.

Defendant Aaron James Mears pleaded no contest to assault with a deadly weapon and possession of methamphetamine with intent to sell. Consistent with the plea, the trial court sentenced defendant to five years in prison, and subsequently ordered him to pay $5,241 in victim restitution. Defendant appeals from the restitution order, arguing (1) the trial court applied the wrong standard for loss causation, and (2) there was no causal relationship between defendant’s crimes and some of the awarded losses. Regarding the causal standard, we presume the trial court applied the correct standard because defendant has not shown otherwise. As for defendant’s challenge to the causal relationship between his crimes and the awarded losses, the record supports the trial court’s findings and award. We will affirm the restitution order.

1

BACKGROUND On June 3, 2022, the victim was seated in a GMC Yukon at a park. Defendant approached the victim, hit him through an open window, and yelled for him to get out of the vehicle. When the victim opened the door, defendant pulled him out of the Yukon and struck him again, causing the victim to fall to the ground. Defendant kicked the victim, stomped on his head repeatedly, dragged him from the parking lot, and went through his pockets. The victim awoke in the hospital many days later and was hospitalized for 15 days. Defendant pleaded no contest to assault with a deadly weapon, and he admitted a serious bodily injury enhancement allegation. Defendant also pleaded no contest to possession of methamphetamine with intent to sell. The trial court sentenced defendant to the agreed upon aggregate prison term of five years and imposed various fines and assessments. A contested restitution hearing occurred on April 18, 2023. The victim testified that at the time of the attack, he had property in his Yukon, property in a nearby storage unit, and property loaded on a trailer that he had parked in front of the storage unit. The victim said defendant’s attack and the victim’s resulting injuries, extended hospitalization, and inability to work caused him to lose the property in his Yukon and also caused him to lose his trailer, its contents, and the property in the storage unit. He explained that on the day of the attack, he left the trailer parked in front of the storage unit and went to the park. While the victim was in the hospital, the trailer was left unattended and it was stolen. The victim had planned to sell the property loaded on the trailer at a flea market to pay the rent for the storage unit, but because of his injuries and hospitalization he could not attend to the trailer, the trailer and its contents were stolen, he could not sell the items on the trailer, and he could not return to work. As a result, he did not have money to pay the storage unit rent and the owner of the storage unit auctioned off the victim’s property in the unit for $120, applying that money to the rent. Although