Torres

People v. Torres

Good Law
1997 Cal. App. LEXIS 938·59 Cal. App. 4th 1·68 Cal. Rptr. 2d 644·97 Daily Journal DAR 13827·97 Cal. Daily Op. Serv. 8560
Court of Appeal of CaliforniaNovember 7, 1997A077653California1,498 words

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,…

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