People v. Stark CA1/1

INTRODUCTION

Defendant Bruce Stark was the pastor of a small church in Lake County. He pleaded no contest to grand theft of property from the church over a period of five years. He timely appeals from the court’s restitution order insofar as it awards the church $11,413.03 for lease payments made by a church member on ATM/credit card equipment used in defendant’s water company. We find merit in defendant’s contention. We will modify and, as modified, affirm the court’s restitution order, minus the award of $11,413.03.

STATEMENT OF THE CASE

In August 2012, defendant was charged with one felony count of grand theft of money, real property, a van, and electronic equipment, the property of Hilltop Apostolic Church, from May 2005 through August 2010. (Pen. Code, § 487, subd. (a).)1 The

1 Unless otherwise indicated, all statutory references are to the Penal Code. complaint also alleged the value of the property taken, damaged or destroyed exceeded $50,000 and that the thefts were not discovered until February 2009. (§§ 12022.6, subd. (a), 803, subd. (c).)2 Defendant pleaded no contest to grand theft, and the loss allegation was dismissed with a Harvey waiver. (People v. Harvey…