People v. Bogdan CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant stole a recreational vehicle (RV). The RV was being transferred from the manufacturer to the purchasing dealer, and defendant stole it while it was stopped for service. After stealing the RV, defendant went to the Department of Motor Vehicles and

1 fraudulently transferred the vehicle’s title to himself. Law enforcement recovered the RV and returned it to the dealer. Defendant pleaded no contest to vehicle theft and identity theft. (Veh. Code, § 10851, subd. (a); Pen. Code, § 530.5, subd. (a); further undesignated statutory references are to the Penal Code.) The trial court awarded the dealer restitution. As part of the award, the court awarded $17,700 for economic losses. The dealer could not sell the RV as new because defendant had transferred title to himself, and he had damaged the RV while he possessed it. The trial court based the restitution award on the reduction in the RV’s fair market value based on the RV’s actual sales price. $17,700 was the difference between the value of the RV as new ($169,700) and the actual price for which the dealer sold the RV after repairing it ($152,000). Defendant contends…