People v. Porter CA5

INTRODUCTION

Defendant Nathaniel David Porter appeals from a postjudgment order denying his motion to modify the court’s restitution order. Appointed counsel has filed a brief under the authority of People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), requesting that this court conduct an independent review of the record. Defendant filed a supplemental letter brief challenging the court’s restitution award on several grounds. We have considered defendant’s arguments and independently reviewed the record, and we affirm the trial court’s order.

FACTUAL BACKGROUND

We briefly summarize the underlying facts as stated in our opinion in defendant’s direct appeal to provide context for the restitution awards at issue in this case. On December 1, 2007, M.S. went into a gas station convenience store while his girlfriend, K.G., remained outside in M.S.’s pickup truck with the engine running. Two men approached the pickup and told K.G. to get out while one of them held what K.G. believed to be a gun. K.G. got out of the truck and the men drove off. The truck was soon pursued by a pair of California Highway Patrol (CHP) officers. The pickup pulled over and stopped. As the CHP driver…