Stanley

We here decide how to calculate a victim's property damages for purposes of a victim restitution order. When a criminal damages a victim's vehicle, we conclude the trial court may in its discretion award the victim the cost of repairing the vehicle, even if that amount exceeds the replacement value of the vehicle. In doing so, we agree with In re Dina V. (2007) 151 Cal.App.4th 486 [ 59 Cal.Rptr.3d 862 ] ( Dina V. ) and disagree with People v. Yanez (1995) 38 Cal.App.4th 1622 [ 46 Cal.Rptr.2d 1 ] ( Yanez ).

Defendant Leroy Stanley pled no contest to felony vandalism of Patricia Short-Lyster's truck, in exchange for a 16-month prison sentence, the dismissal of other charges, and the prosecutor's promise not to file other charges. Short-Lyster and defendant were not acquainted.

The facts show that on July 2, 2009, defendant damaged Short-Lyster's pickup truck, a 1975 Dodge Adventurer, for which she paid $950, a year and a half earlier. When purchased, the truck was in excellent condition. Short-Lyster's father, a former auto mechanic, looked at the truck and advised her to buy it. After defendant vandalized it, Short-Lyster obtained a body shop estimate to fix it,…