People v. Pennington CA4/1

Filed 7/29/16 P. v. Pennington CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D069674

Plaintiff and Respondent,

v. (Super. Ct. No. SCD242900)

AUSTIN PENNINGTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Robert F.

O'Neill, Judge. Affirmed.

Jean Ballantine, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Following this court's July 31, 2015 unpublished opinion reversing a restitution

award of about $1.4 million and remanding for rehearing on the amount of restitution

(People v. Pennington (July 31, 2015, D065694) [nonpub. opn.]), the trial court, after…