People v. Martin CA3

FACTS AND PROCEEDINGS

On August 14, 2011, Bunnell and Johl broke into a building housing a transformer belonging to Steve Jacobs and severely damaged it in the course of stealing some of its copper wiring. They were prosecuted, convicted, and ordered to pay restitution. On December 6, 2011, before the amount of restitution in Bunnell and Johl’s case could be determined, defendant and an accomplice burglarized the same structure and further damaged the transformer. They were caught in the act by Yuba County deputies and arrested. Inside the structure the deputies found 20 pounds of cut copper wire and tools including jacks, pry bars, saws, and cutters, on which defendant admitted his fingerprints would be found. Defendant pleaded no contest to second degree burglary, was granted probation, and was ordered to pay restitution. Because the same transformer was the subject of both break-ins, the parties agreed defendant would join in the restitution hearing set for Bunnell and Johl, and defendant was ordered to appear for that hearing. The restitution hearing commenced on October 25, 2012, however defendant failed to appear. Considering defendant to have voluntarily absented himself,…