People v. Contreras CA1/3

BACKGROUND

In 2020, Contreras pleaded no contest to felony vandalism (§ 594, subd. (b)(1)), committed to further a criminal street gang (§ 186.22, subd. (b)(1)(A)). He also pleaded no contest to assault (§ 245, subd. (a)(4)). The trial court sentenced him to two years for his assault conviction and eight months for vandalism, to be served consecutively. Punishment on the gang enhancement was stayed, but the court ordered Contreras to register as a gang member. (§ 186.30, subds. (a)-(b)(2).) Contreras’s probation report noted there were nine vandalism victims, three of whom were not seeking restitution. Another victim was undecided about submitting a restitution claim. The City of South San Francisco, another victim, stated that it was not interested in submitting a restitution claim, but the probation department was unable to verify the city’s statement. The report also stated the four remaining victims did not submit any restitution claims, but probation was unable to contact them. On that basis, probation recommended Contreras be ordered to pay restitution “in amounts to be determined” to the City of South San Francisco and the five victims who had not affirmatively declined…