Thygesen

People v. Thygesen

Good Law
1999 Cal. App. LEXIS 88·69 Cal. App. 4th 988·81 Cal. Rptr. 2d 886·99 Daily Journal DAR 1205·99 Cal. Daily Op. Serv. 971
Court of Appeal of CaliforniaFebruary 3, 1999No. B123828California2,478 words

Opinion

Lead Opinion

Nott, J.

Bendix L. Thygesen appeals from the imposition of a restitution order. The sole issue before us is whether the trial court correctly awarded the victim 13 months of rent. For the reasons that follow, we hold the award was not supported by the evidence. We therefore reverse and remand.

Facts

On May 19, 1997, appellant rented a cement mixer (the mixer) from Bonner’s Equipment Rental (Bonner), a small equipment rental yard. The mixer was purportedly a high quality gas cement mixer powered by an eight horsepower Honda engine. The weekly rental rate was $98, with a monthly rental rate of $294.

Appellant failed to make a timely return of the mixer. When contacted by employees of Bonner, appellant claimed the mixer had been stolen.

*991 Appellant eventually pled guilty to the theft of the mixer. 1 A restitution hearing was held in order to determine the mixer’s value, which was estimated in the probation report as being $1,400 (new) or $500-$700 (used), plus loss of use. The overall estimate in the report was a total loss to the victim of $3,235.60.

The sole witness to testify was James Flores, the current manager of Bonner. Although Flores had been in the equipment rental…

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