Baker

The theft of livestock is a serious economic problem that plagues many rural communities. In fact, it is relatively rare to see successful prosecutions of this type of crime, largely due to the isolation of most crime scenes and the fungible nature of the “goods.” Here, the trust normally accorded to neighboring ranchers was violated when one neighbor failed to return his neighbors’ cattle, keeping them as his own. We address how a trial court should go about calculating restitution for the theft of cattle, including whether it is appropriate to order restitution for calves that were likely bom while the cows were misappropriated. In addition, we examine whether the court properly quadmpled the restitution amount under Food and Agriculture Code section 21855 and conclude that it did. Consequently, the restitution award in the amount of $22,521 is affirmed.

FACTUAL AND PROCEDURAL HISTORIES

On November 4, 2003, a jury found Jerry George Baker (defendant) guilty of 11 counts of grand theft of lost property (Pen. Code, § 485), one count of altering a brand (Food & Agr. Code, § 17551, subd. (b)), and one count of forgery of a livestock market invoice (Pen. Code, § 470, subd.…