The People v. DiMaio CA4/3

FACTS

Stuart Reyburn, the previous owner of Reyburn Landscaping, testified at the restitution hearing. Defendant, who owned Just Palm Trees, supplied palm trees to Reyburn in the past. Reyburn had contact with defendant in December 2008, to January 2009, about supplying Reyburn with Canary Island palm trees for a job at M Casino in Las Vegas. 3 Reyburn testified he needed forty-three 17-foot to 25-foot Canary Island palms. Defendant said he could supply the trees within the needed timeframe. According to Reyburn, the approximate price was $8,500 per tree, delivered to Las Vegas.

All statutory references are to the Penal Code.

2The parties eventually stipulated to the amount of restitution to be paid on counts 13 and 14.

3Reyburn also contracted with defendant to supply a number of Pindo palm trees. That portion of the job was not the subject of the restitution hearing.

2 Reyburn sent defendant an initial check of $13,000 made out to Just Palm Trees, and within a month sent defendant a wire transfer for $140,300. No trees had been delivered prior to the wire transfer. Reyburn subsequently sent defendant another wire transfer for $29,450. Reyburn said a few of the trees may…