People v. Eynon CA4/2

INTRODUCTION

Pursuant to a plea agreement, defendant and appellant David Scott Eynon pled no

contest to one count of receiving a stolen vehicle. (Pen. Code,1 § 496d). The trial court

ordered him to pay victim restitution for the difference between the replacement cost of

the truck ($22,000) and the insurance payment the owner received ($19,361.04), plus the

deductible the owner paid to his insurance company ($250). Defendant contends the

court abused its discretion by ordering him to pay restitution since there was no evidence

that he was involved with the theft of the truck, and the truck owner’s economic losses

were unrelated to defendant’s possession of the truck several months later. We agree

with defendant and reverse.

FACTUAL AND PROCEDURAL BACKGROUND2

On April 14, 2021, a police officer observed defendant driving a white Ford truck

pulling a trailer that matched the description of a trailer that was recently reported stolen.

The officer activated his overhead lights and sirens because the trailer was missing a

license plate. Defendant accelerated and continued driving at a high rate of speed,

causing both the truck and trailer to fishtail and slide from side…