Dalvito

Defendant contends on appeal that: (1) The court erred in awarding $15,950 in restitution to the victim for a stolen diamond necklace, because the victim’s loss (the amount he owed on the necklace) had been discharged in bankruptcy. Therefore, there was no loss, and the restitution award must be reduced by $15,950 in accordance with Penal Code section 1202.4; and (2) even if section 1202.4 does not apply and restitution in this case is governed by the provisions of section 1203.04, this court should reduce the award by $15,950 because the trial court abused its discretion in awarding a windfall to the victim.

As explained below, we disagree and affirm.

Factual and Procedural Background

We recite the facts relevant to the specific item of restitution that is the subject of defendant’s appeal. Defendant went with Samuel Dorf, a jewelry dealer, to Gonshor’s Jewelry in Los Angeles in May 1994. Defendant wished to purchase a necklace for his girlfriend, and Dorf agreed to obtain a necklace on approval, using his professional contacts. Dorf signed a memorandum and gave Gonshor’s a check for $15,950, the wholesale price for the necklace. Defendant agreed to pay Dorf $19,948…