People v. Haney CA2/6

Facts and Procedural Background In May 2021, appellant visited the Pomona Auto Outlet and placed a $3,000 deposit on a used car. The car needed repairs before it could be test driven so the dealership sent the car to a third-party mechanic. Appellant returned to the dealership to test drive the car but decided he did not like it and asked for a refund of his deposit. The dealership’s finance manager, Amauri Navarro, told appellant to come back the following day. Appellant did so and Navarro issued a $3,000 refund check. When Navarro left his desk to make a copy of the check, appellant opened the cash drawer and took approximately $4,400 in cash. After Navarro discovered the theft, he reported it to police and placed a stop payment order on the refund check. In March 2022, appellant was charged in a felony information with one count of grand theft (§ 487, subd. (a)) but was convicted by jury of the lesser offense of petty theft (§ 484, subd. (a)). Victim Restitution In December 2022, the trial court conducted a formal probation and sentencing hearing and heard argument regarding victim restitution. The prosecution asked that Navarro, who was present, be awarded $450 to compensate…