Mearns

People v. Mearns

Good Law
118 Cal. Rptr. 2d 511·97 Cal. App. 4th 493
Court of Appeal of CaliforniaApril 5, 2002B150613California3,579 words

Opinion

Opinion

Defendant, Charles Sterling Mearns, appeals from his conviction, based upon guilty pleas, for rape by force (Pen.Code, [1] § 261, subd. (a)(2)) and first degree burglary. (§ 459.) Defendant also admitted he was personally armed with a knife in the commission of the rape. (§ 12022.3, subd. (a).) Defendant's sole contention on appeal is the trial court improperly ordered direct restitution to the victim for the difference between the cost of purchasing a new trailer and the sale price of her former mobilehome. Based on the provisions of section 1202.4, subdivisions (f) and (f)(3)(I), we conclude the trial court did not abuse its discretion in awarding restitution to Susan F. for the costs of relocating to another residence after she was violently sexually assaulted in her mobilehome.

We view the evidence in a light most favorable to the judgment. ( Jackson v. Virginia (1979) 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 ; People v. Osband (1996) 13 Cal.4th 622, 690 , 55 Cal.Rptr.2d 26 , 919 P.2d 640 ; Taylor v. Stainer (9th Cir.1994) 31 F.3d 907, 908-909 .) According the probation report, on May 24, 2000, defendant entered the mobilehome of Susan F. in her…

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