P. v. Wilkerson
Filed 6/20/07 P. v. Wilkerson CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. TYRONE WILKERSON, Defendant and Appellant. | B195183 (Los Angeles County Super. Ct. No. GA065002) |
APPEAL from an order of the Superior Court of Los Angeles County.
Fred J. Fujoika, Judge. Affirmed.
Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
__________________________
In his notice of appeal, Tyrone Wilkerson challenges the trial courts order that required him upon conviction of the offense of arson to pay restitution in the amount of $170,604.20 to Jet Propulsion Laboratory (JPL) the arson victim. We affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
Accordingto the probationofficers report,on March 10, 2006,Wilkerson threw mason jars containing flammable liquid and highway flares that were lit at a satellite dish owned by the United States Government (NASA) and operated by JPL. He also defaced the satellite dish with black paint. On March 15, 2006, Wilkerson was charged by criminal complaint with arson in count 1, felony vandalism in count 2, and possession of an incendiary device in count 3. (Pen. Code, 451, subd. (d), 594, subd. (a), 453, subd. (a).) As to count 2, it was further alleged that Wilkerson, with intent to do so, took, damaged, and destroyed property of a value exceeding $50,000. (Pen. Code, 12022.6, subd. (a)(1).) Wilkerson entered a plea of not guilty to all counts and denied the special allegation. The matter was set for preliminary hearing on March 28, 2006.
On the date set for the preliminary hearing, the trial court declared a doubt as to Wilkersons mental competence under Penal Code section 1368. Criminal proceedings were suspended. At a hearing on April 18, 2006, the trial court found Wilkerson to be mentally incompetent to stand trial under Penal Code section 1368 and adjourned the proceedings.
As the result of a hearing on August 31, 2006, the trial court found Wilkerson competent to stand trial within the meaning of Penal Code section 1368 and scheduled a preliminary hearing. On September 15, 2006, Wilkerson waived his constitutional rights and entered a negotiated plea of guilty to arson, count 1. Defense counsel joined in the waivers of Wilkersons constitutional rights and stipulated Wilkersons plea was entered into pursuant to People v. West (1970) 3 Cal.3d 595. The matter was continued to October 10, 2006, for sentencing.
At the sentencing hearing, the trial court imposed the upper term of three years and the People dismissed the remaining counts and special allegation based on the plea agreement. Wilkerson was awarded 282 days of presentence credit (214 actual days, and 68 days of conduct credit). The trial court also imposed a $200 restitution fine (Pen. Code, 1202.4, subd. (b)), and a $20 court security fee (Pen. Code, 1465.8, subd. (a)(1)). The trial court imposed and suspended a $200 parole revocation fine. (Pen. Code, 1202.45.) The court scheduled a restitution hearing for November 3, 2006. (Pen. Code, 1202.4, subd. (f).)
At the restitution hearing on November 3, 2006, Christopher Yung testified that he prepared an accounting of the expenses to repair JPLs damaged 12-meter antenna, which was introduced into evidence by the People. The accounting reflected a total cost of $170,604.20, as well as an itemization of individual costs incurred in repairing the antenna. Wilkerson neither testified nor presented other evidence on his behalf at the hearing. Following counsels argument the trial court ordered Wilkerson to pay restitution in the amount of $170,604.20 to JPL.
We appointed counsel to represent Wilkerson on appeal. After examination of the record, counsel filed an Opening Brief in which no issues were raised. On May 9, 2007, we advised Wilkerson that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
Trial courts have broad discretion to order victim restitution and the order will not be reversed if there is a factual and rational basis for the amount of restitution. (People v. Dalvito (1997) 56 Cal.App.4th 557, 562.) The courts discretion is not unlimited; an order will be reversed if it is arbitrary and capricious. (People v. Keichler (2005) 129 Cal.App.4th 1039, 1045.) In this case the restitution order was supported by substantial evidence and the trial court did not abuse its discretion by requiring Wilkerson to pay JPL the total cost for repairing the damaged antenna, including employee labor costs.
We have examined the entire record and are satisfied that Wilkersons attorney has fully complied with the responsibilities of counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (2006) 40 Cal.4th 106, 112-113; Peoplev. Wende (1979) 25 Cal.3d 436, 441.) The order is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
WOODS, J.
We concur:
JOHNSON, Acting P. J.
ZELON, J.
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