Hurtado

People v. Hurtado

Good Law
247 Cal. Rptr. 3d 768·35 Cal. App. 5th 871
Court of Appeal of CaliforniaMay 29, 2019D074351California4,408 words

Opinion

Lead Opinion

Huffman, J.

*873 Antonio Hurtado appeals an order requiring him to pay victim restitution to the City of San Diego (City) for seven incidents of graffiti. Hurtado argues the City's method for calculating restitution was "generalized and non-case-specific," and thus, violated the requirements set forth in Luis M. v. Superior Court (2014) 59 Cal.4th 300 , 173 Cal.Rptr.3d 37 , 326 P.3d 969 ( Luis M. ). Accordingly, Hurtado maintains that the trial court abused its discretion when it relied on the City's methodology to impose victim restitution in the amount of $3,000. We are not persuaded. The trial court properly exercised its discretion when awarding restitution, and we agree with the People that the restitution amount awarded was based on a rational and factual basis reasonably related to Hurtado's criminal vandalism. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The San Diego District Attorney filed an information alleging Hurtado committed three counts of vandalism over $400 ( Pen. Code, 1 § 594, subd. (a)(b)(1); counts 1-3); and four counts of vandalism under $400 ( § 594, subd. (a)(b)(2)(A) ; counts 4-7). The district attorney further alleged that Hurtado committed all seven…

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