Brooks
People v. Brooks
Opinion
lead Opinion
Kline, J.
*607 *934 Defendant Justin Brooks appeals from his conviction for first degree burglary. He contends that the trial court erred in admitting evidence of uncharged prior burglaries to establish intent, common plan and identity; that the prosecutor engaged in prejudicial misconduct in closing argument; and that the cumulative prejudice of these errors warrants reversal. Brooks also challenges the trial court's order of restitution, to the extent it included the costs of certain home security improvements made by the victim, pursuant to Penal Code section 1202.4. 1 Specifically, he contends that the statute does not permit restitution for security improvements against a defendant not convicted of a "violent felony," as defined in section 667.5, subdivision (c).
We hold that the trial court's erroneous admission of Brooks's uncharged prior acts and the prosecutor's misconduct caused Brooks to suffer little, if any, prejudice because other evidence independently and definitively linked him to the crime. As to the restitution issue, we reject Brooks's unduly *935 narrow reading of the restitution statute and hold that the award of restitution was not precluded as a matter of law.…