People v. Cota CA4/1

I.

INTRODUCTION

In June 2011, the People filed a complaint charging Frank Flores Cota, Jr., with

fraudulent use of a contractor's license number (Bus. & Prof. Code, § 7027.3) (count 1),

making misrepresentations and false promises likely to induce a person to enter into a

contract (Bus. & Prof. Code, § 7161, subd. (b)) (count 2), obtaining money or property by

false pretenses (Pen. Code, § 532, subd. (a)) (count 3), and grand theft (Pen. Code, § 487,

subd. (a)) (count 4).

Cota pleaded guilty to fraudulent use of a contractor's license number (Bus. & Prof.

Code, § 7027.3) (count 1). At sentencing, the trial court suspended imposition of

sentence and placed Cota on three years of probation. The court reserved jurisdiction on

the issue of victim restitution and set a hearing on this issue. After a hearing, the trial

court entered a restitution order directing Cota to pay $197,824.15 in restitution to Juan

and Maria Zarza (Maria) (collectively, the Zarzas), the victims of Cota's criminal

conduct.

On appeal, Cota claims that the trial court erred in awarding this amount of

restitution. Specifically, Cota argues that the trial court erred in awarding the…