People v. Mena CA5

BACKGROUND

Mena pled no contest to violating section 498, subdivision (d), for stealing electricity. He stole the electricity to power a marijuana grow in a rented building. The trial court granted probation and ordered Mena to pay restitution to the power company. Later, the building owner filed a “motion to modify restitution order.” The motion was based on section 1202.4, subdivision (f). The owner’s damages were later described as “repairs to the building,” “[a] dangerous building citation,” “[a]ttorneys fees and expenses,” and “[l]ost rent.” Mena filed a response arguing the owner was not a “victim” to stealing electricity within the meaning of section 1202.4, subdivision (k). At a hearing following Mena’s filed response, the court agreed the building owner was not a “victim” under 1202.4, subdivision (k). But the court believed it was

All statutory references are to the Penal Code. 2Mena also pled no contest to unlawful firearm possession (§ 30605, subd. (a)). That conviction is irrelevant to this appeal.

2. appropriate to order restitution “under a different provision, [sections] 1203.1(a)(3) and (j) ….” The matter was continued to permit Mena the opportunity to…