Nystrom

The court sentenced defendant Ronald Glen Nystrom to state prison for the lower term of two years after he pleaded guilty to a charge of auto theft (Veh. Code, § 10851, subd. (a)) and ordered him to pay $12,866 to the victim. Nystrom challenges this restitution order on a variety of grounds. We strike the reference to Penal Code section 2085.5 and as modified affirm the judgment.

Factual Background

On August 23, 1990, about 8:30 a.m. the police received a report of a burglary at Goldbank Motors in San Diego. A glass window to the owner’s office had been broken and a lock to the garage door had been pried off. The following were reported missing: cash of about $8,000 from a car sale the previous day which was kept in a desk drawer; a cash box containing about $1,200; another cash box containing about $6,000; a briefcase holding Arizona car titles and dealer work sheets; and a 1985 Audi 5000S.

While officers were still at the burglary scene, the police received a call from a gas station attendant in Pacific Beach regarding an intoxicated male in a car at his station. En route to the gas station the officers learned the car was reported as stolen. The car turned out to be…