People v. Perez CA6

I. Background

Defendant participated in a gang robbery of Joe Escobar Diamonds in May 2009. The robbers smashed a display case and took 14 Rolex watches. At defendant’s trial, there was testimony that the 14 watches had a retail value of $163,000 and had cost Joe Escobar Diamonds $96,000. At the new restitution hearing, the prosecution submitted a one-page document it had received from Joe Escobar Diamonds, which was entitled “Joe Escobar Restitution.” This document contained a chart that listed 11 five-digit numbers under the heading “Item” followed by figures under the headings “Cost,” “Retail,” and “Joe Escobar Loss.” At the bottom of the chart, it said: “TOTAL LOSS” followed by “62,630.” Below the

2 chart, the document stated: “Watch Loss = 62,630 [¶] Display Case Repair = 1,200 [¶] TOTAL LOSS: 63,830.” The document contained no other information. The trial court understood this document to represent “the cost of each of the stolen items, the . . . anticipated retail sales price of those items and the difference between the two.” The court stated: “As I understand it, counsel, they have represented that they were compelled to sell each of these watches simply at cost and…