People v. Padilla CA3

DISCUSSION

Defendant’s crimes involved the residential burglary of Scott Canale’s home, during which defendant stole Kristi Brockman’s purse, and both Canale’s and Brockman’s keys and vehicles. Defendant was apprehended after a high-speed pursuit, during which he lost control of the vehicle and hit two parked cars and a tree. He was driving Brockman’s vehicle at the time. Only restitution to Brockman is at issue in this appeal. The probation officer submitted a “Restitution Determination” letter to the trial court dated October 7, 2013. In the letter, the probation officer said “ Kristi [Brockman] has now submitted paperwork relating her loss in this matter. Kristi [Brockman] stated the damage to her Chevy Tahoe totaled $9,752.45, for which she was reimbursed by Progressive Insurance, following a $100.00 deductible. Kristi [Brockman] stated the other property (Coach purse and Coach wallet) were gifts to her with a value of $520.00. [¶] It is therefore requested restitution in the amount of $11,352.45 be ordered on behalf of victim Kristi Brockman.” At sentencing, the trial court ordered defendant “make restitution to the victim . . . Kristi B. for $11,352.45. And that is taken…