People v. Mendez CA2/5

I. INTRODUCTION

Defendant Juan Carlos Sanchez Mendez appeals from the trial court’s $2,114.85 restitution award which consisted of $920 for stolen cash and $1,194.85 for replacement of a broken cell phone. He contends the court’s restitution valuation for the broken cell phone was error and the court improperly shifted the burden of proof to him to establish the correct restitution valuation. We affirm.

II. BACKGROUND

Defendant pleaded no contest to misdemeanor battery. (Pen. Code, § 242.) The trial court placed defendant on summary probation for one year on various terms and conditions, including the condition that he pay restitution to the victim, Jose Cruz, in an amount to be determined at a hearing. Cruz apparently submitted a Victim Restitution Request for $2,420, consisting of $1,000 for stolen cash and $1,420 for replacement of his damaged cell phone. At the first of three restitution hearings, Cruz testified that in December 2021 he purchased an iPhone 13 Pro Max cell phone for around $1,300. On April 14, 2022, Cruz was assaulted. During the assault, $920 was taken from his wallet and his cell phone was broken. Cruz went to an Apple Store in Pasadena to have his…