Garcia

People v. Garcia

Good Law
124 Cal. Rptr. 3d 886·194 Cal. App. 4th 612·2011 Cal. App. LEXIS 453
Court of Appeal of CaliforniaApril 19, 2011No. B222978California4,008 words

Opinion

Lead Opinion

Boren, J.

*614 Opinion

Hector Garcia and Martin Avila pleaded guilty to two counts of failing to disclose the origin of a recording (Pen. Code, § 653w, subd. (a)) 1 (counts 1, 2) and one count of counterfeiting a registered trademark (§ 350, subd. (a)(1)) (count 3).

The trial court suspended imposition of sentence and placed appellants on three years of formal probation with terms and conditions that included making victim restitution. After a restitution hearing, the trial court ordered appellants to pay, jointly and severally, the sum of $235,072.68 in victim restitution pursuant to section 1202.4, subdivision (f). This sum was comprised of $173,847.60 to be paid to the Motion Picture Association of America (MPAA) and $61,225.08 to be paid to the Recording Industry Association of America (RIAA).

Appellants appeal on the ground that the restitution order imposed by the trial court must be reversed' because its terms amount to an abuse of discretion and rest upon a demonstrable error in law. We amend the order of restitution to eliminate the sums awarded for potential sales of the seized recordings in appellants’ possession.

FACTS

We recite the facts, gleaned from the transcript of…

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