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The People v. Richard Pyle

July 6, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RICHARD PYLE, DEFENDANT AND APPELLANT.



(Super. Ct. No. SF114038A)

The opinion of the court was delivered by: Hoch, J.

P. v. Pyle

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Richard Pyle challenges the sufficiency of the evidence in support of a restitution order entered after he pled guilty to receiving stolen property. (Pen. Code, § 496, subd. (a).)*fn1 Defendant contends the property owner's testimony failed to prove $1,100 in losses for the theft of 21 computer cables. Finding substantial evidence to support the $1,100 restitution, we affirm.

FACTUAL AND PROCEDURAL HISTORY

When defendant pled guilty to receiving stolen property, he was advised that the People would seek restitution for theft victims, Diamond Transportation and Automeister, Inc. Defense counsel indicated an intent to contest the prosecution's assertion that Diamond Transportation suffered a loss of $3,350 and Automeister a loss of $1,200.

The trial court sentenced defendant to state prison for five years, with an enhancement for a prior serious felony conviction. (§§ 667, subds. (b)-(i), 1170.12, subds. (b)-(c).) The court set the issue of restitution for a contested hearing.

At the restitution hearing, David Alcoriza testified on behalf of Automeister and Harnek Atwal on behalf of Diamond Transportation. Alcoriza stated that Automeister incurred a loss of $10,699.25 as a result of stolen items he found in defendant's possession.

The prosecution introduced a letter written by Atwal on behalf of Diamond Transportation, which stated: "The entire computer wires were damaged the cost of that was $1100. The front window was broken into the cost of that was $650."

Atwal testified that he was sole owner of Diamond Transportation. He further testified:

"Q. [by the district attorney] Did you--where did you arrive at this figure for the computer wires, the $1100? [¶] Where did that number come from?

"A. We bought that product from Staples.

"Q. From Staples?

"A. (Nods head affirmatively). I tried to find the receipt, but I couldn't ...


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