Aguilar

People v. Aguilar

Bad Law
2016 Cal. App. LEXIS 905·209 Cal. Rptr. 3d 313·4 Cal. App. 5th 857
Court of Appeal of CaliforniaOctober 27, 2016B269709California2,831 words

Opinion

Opinion

Collins, J.

Defendant Christian Aguilar pled no contest to one count of felony vandalism (Pen. Code, § 594, subd. (a)). The trial court ordered defendant to pay restitution in the amount of $475 to the City of Los Angeles (the City), which paid a contractor to remove the graffiti defendant admitted painting. Defendant now contends the restitution order must be vacated because it lacks a factual nexus to the damage caused by his conduct. We disagree and affirm.

BACKGROUND

In a felony complaint filed August 17, 2015, the District Attorney of the County of Los Angeles alleged that defendant caused damage exceeding $400 by painting graffiti on a wall belonging to the Foothill Childhood Development Center, Inc. (§ 594, subd. (a).) Defendant pled no contest to the charge, thereby admitting that he caused damage in excess of $400.

At the subsequent restitution hearing, the prosecution called as its witness Gerry Valido, a graffiti abatement coordinator with the City of Los Angeles Department of Public Works. Valido testified that the graffiti at issue “was profane in nature and anti-police in nature, and it was sprayed in black spray paint across the length of the wall” of a day care…

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