People v. Lopez CA4/1

I. INTRODUCTION

Defendant Jorge Lopez pleaded no contest to one count of first degree

robbery (Pen. Code,1 § 211) and admitted a firearm-use enhancement (§ 12022.53, subd. (b)) in connection with his robbery of two technicians who worked for National Cash Register (NCR) while they were servicing an automated teller machine (ATM) owned by Wells Fargo Bank (Wells Fargo). Wells Fargo claimed Lopez stole $201,950 in cash from the ATM. The trial court sentenced Lopez to 14 years in prison, ordered him to pay $201,950 in victim restitution to Wells Fargo, and reserved restitution as to NCR. On appeal, Lopez contends the trial court abused its discretion in determining the amount of victim restitution owed to Wells Fargo. Further, Lopez asserts the trial court erred in failing to properly determine whether NCR was a victim, and if so, how to allocate the restitution award between NCR and Wells Fargo. To the extent Lopez preserved these claims for appellate review, we conclude the trial court acted within its discretion in its handling of victim restitution. Accordingly, we affirm the order.

II. BACKGROUND

A. Factual Background2 On January 14, 2021, two NCR technicians were servicing…