People v. Carr CA2/2

BACKGROUND

In September 2023, appellant pleaded no contest to robbery (Pen. Code,1 § 211) and admitted he personally used a firearm (§ 12022.5, subd. (a)). The trial court sentenced him to 2 years 8 months in state prison. A restitution hearing was scheduled for October 2023, but was continued twice before it was held on May 6, 2024. Appellant waived his appearance at the restitution hearing, and his counsel appeared on his behalf. The victim testified, through a Spanish language interpreter, that appellant stole his satchel, “[l]ots of gemstones and silver and other parts for[] jewelry,” six silver bracelets, an iPhone, and two pairs of sunglasses. His iPhone was returned to him broken, which he then spent $200 to fix. When asked whether he got “most of [his] stuff back,” the victim responded, “Yes, of course.” But he then testified he did not recover his two pairs of sunglasses, worth $200, or the six silver bracelets, which had cost him $500. He had no receipts for these items. The victim also testified that appellant stole $85 in cash that was never returned. Finally, he did not go to work for one week because he “wasn’t in a great state of mind” after the robbery, and he…