People v. Brocone CA4/1

Filed 6/25/24 P. v. Brocone CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082431

Plaintiff and Respondent,

v. (Super. Ct. No. SCD286948)

BURT MATTHEW BROCONE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Carlos O. Armour, Judge. Affirmed. David Ross Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. After a jury convicted Burt Matthew Brocone of grand theft of personal property, a collectible guitar, the trial court ordered Brocone to pay

$12,876.13 in restitution to the victim.1 At Brocone’s trial, the victim had testified he received an insurance payment of $11,876.13 for the guitar. Brocone’s appointed counsel asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders), and determine whether there are any arguable issues on appeal. We granted Brocone the opportunity to file a supplemental brief on his own behalf but he did not do so. After reviewing the record and briefing, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND One morning in May 2020, R.A. was asleep in his studio when he heard someone inside. He awoke, startled to see his friend Brocone. Using an expletive, R.A. told Brocone to get out and went back to sleep, thinking he had left. That same month, R.A.’s tenant saw Brocone approach R.A.’s house calling R.A.’s name, then disappear and reappear minutes later carrying a guitar. At some point, R.A. realized that one of his guitars, a collectible 1963 Stratocaster, was gone from a storage rack in his studio. R.A. reported the missing guitar to police. He eventually filed a claim with his renter’s insurance and received a payment of $11,876.13 for the stolen guitar. At sentencing, Brocone’s counsel asked the court to find the restitution award was satisfied since R.A. was paid for the guitar through his insurance company. After the parties argued the matter, the court ordered that Brocone pay R.A. probation-recommended restitution in the sum of $12,876.13, which included a $1,000 insurance deductible R.A. had paid. (See