People v. Hawkins CA2/7

INTRODUCTION

Pursuant to a negotiated plea, defendant Antwon Maurice Hawkins was convicted of first degree burglary with a prior prison term enhancement and sentenced to an aggregate state prison term of five years. After a subsequent restitution hearing, the trial court ordered Hawkins to pay $2,887.57 in victim restitution (Pen. Code, § 1202.4).1 On appeal, Hawkins contends the trial court committed judicial misconduct during the restitution hearing and abused its discretion in fixing the amount of restitution. The principal issue before us is whether the trial court erred in calculating restitution for a stolen iPad based on the price the victim paid for the iPad two years before the theft. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Burglary and Hawkins’s Plea Agreement On April 26, 2013, Hawkins entered the home of Senio Bolanos and took $1,500 in cash, a handgun and an iPad2, which were never recovered. On April 30, 2013, Hawkins was charged in a complaint with first degree burglary, person present (§ 459), second degree robbery (§ 211) and assault with a firearm (§ 245, subd. (a)(2)). The complaint also alleged that Hawkins had previously served a separate prison…