P.
P. v. Briceno CA2/1
Opinion
Opinion
Johnson, J.
BACKGROUND
In May 2000 Briceno entered a plea of no contest and was convicted of one count each of kidnapping and robbery, with an admission that a principal was armed during the commission of the robbery. Briceno was sentenced to 7 years, 8 months in state prison, and ordered to pay restitution ―pursuant to Penal Code section 1202.4[, subdivision] (f),1 in the amount of [$]700,000[ ] joint and severally with all co-defendant‘s [sic] to the victim, Armored Transport.‖ In October 2003, the victim of the crime, AT Systems West, Inc. (AT Systems), filed a civil action against Briceno and his codefendants for unspecified damages for, among other things, theft, embezzlement and misappropriation. AT Systems claimed the defendants had stolen $1,000,672.11. AT Systems alleged that, ―[a]lthough an insurance claim was made and much of the outstanding loss was paid with insurance proceeds, [AT Systems] was required to pay a $100,000[ ] deductible.‖ Purportedly, AT Systems‘s civil action against Briceno and his codefendants was subsequently settled on terms not disclosed in the appellate record, and dismissed. In February 2012, after his release from prison and discharge from parole, Briceno…