Landen

People v. Landen

Good Law
243 Cal. Rptr. 3d 487·31 Cal. App. 5th 1124
Court of Appeal of CaliforniaFebruary 4, 20192d Crim. No. B286062California3,080 words

Opinion

Lead Opinion

Gilbert, J.

*1126 The victim of this crime is a local school district. The defendant is ordered to pay restitution to the school district. Some of the loss the school district suffered was reimbursed by the state.

Because of the state's inextricable relationship to the school district, the state is also a direct victim of the defendant's crime and is entitled to restitution. ( *1127 Butt v. State of California (1992) 4 Cal.4th 668 , 680, 15 Cal.Rptr.2d 480 , 842 P.2d 1240 .) The amount of restitution the defendant must pay does not change. Only the party to whom some of that restitution must be paid changes. However reprehensible a defendant's conduct, restitution due the victim should not exceed the loss suffered.

Bret Stephen Landen appeals a judgment following his no contest plea to making threats to use a weapon of mass destruction ( Pen. Code, § 11418.5, subd. (a) ) 1 and making criminal threats (§ 422, subd. (a) ). The trial court placed him on five years of supervised probation. After a restitution hearing, it ordered him to pay the Atascadero Unified School District (District) $235,341.17 as restitution. We conclude, among other things, that the court should reduce the amount of…

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