Torres
People v. Torres
Opinion
Opinion
Poche, J.
In this case we conclude that a law enforcement entity that spends money to purchase illegal drugs does not thereby become a “direct victim of a crime” entitling it to receive direct restitution reimbursing it for the cash it spent on the drugs. Defendant Alberto Garcia Torres appeals from a judgment of conviction entered upon his guilty pleas to four counts of selling methamphetamine (Health & Saf. Code, § 11379, subd. (a)). On appeal defendant challenges that portion of his restitution order that requires him to repay $1,425, or the amount paid to him by the undercover sheriff’s deputies in the course of three of the four drug sales.
After receiving a tip from an informant, undercover sheriff’s deputies paged defendant and arranged to purchase from him a half-ounce of methamphetamine for $350 on October 22, 1996. They made a second half-ounce buy for $375 on October 31. On November 8 they bought one ounce for $700 and negotiated a larger purchase. A final buy of five ounces on November 15 concluded with defendant’s arrest.
At sentencing on January 23, 1997, the trial court imposed a minimum restitution fine of $200 and direct restitution of $1,425 “to the victim,…