People v. Elder CA2/6

DISCUSSION

Elder contends the prosecutor failed to prove retail value was the appropriate measure of restitution under section 1202.4. We agree. Restitution Amount Section 1202.4, subdivision (f) states in part: “[I]n every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court.” Restitution “shall be of a dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct, including, but not limited to, . . . [f]ull or partial payment for the value of stolen or damaged property.” (Id. at subd. (f)(3)-(3)(A).) “The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.” (Ibid.) A victim may also seek lost profits. (Id. at subd. (f)(3)(D).) A prima facie case for restitution can be made based on a victim’s testimony or other claim or…