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Filed 5/4/17 P. v. Trujillo CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent,
v.
ROBERT A. TRUJILLO,
Defendant and Appellant.
E067347
(Super.Ct.No. FSB1500966)
OPINION
APPEAL from the Superior Court of San Bernardino County. William Jefferson
Powell IV, Judge. Affirmed.
Arielle Bases, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
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I
INTRODUCTION
While inebriated, defendant and appellant Robert A. Trujillo set school property
on fire and vandalized and burglarized a church. Pursuant to a plea agreement, defendant
pled guilty to arson of a structure (Pen. Code, § 451, subd. (c); count 1),1 vandalism over
$400 (§ 594, subd. (a); count 4), and grand theft of personal property exceeding $950
(§ 487, subd. (a); count 5). In return, the remaining charges were dismissed and
defendant was sentenced to a total term of four years eight months in state prison with
720 days’ credit for time served. Following a victim restitution hearing, defendant was
ordered to pay $271,115.58 to the school district and $103,229.80 to the church.
Defendant appeals from the judgment. Based on our independent review of the record,
we find no error and affirm the judgment.
II
FACTUAL AND PROCEDURAL BACKGROUND2
On March 18, 2015, defendant was drinking in local bars in downtown Redlands
and became very intoxicated. While drunk, he walked to Redlands High School, entered
a classroom, removed items from the classroom, and lit the building on fire. He had no
motive or malice towards the school. He claimed “ ‘it wasn’t an attack, it was just pure,
just debauchery, it’s madness.’ ” Defendant then exited the classroom and lit a rope and

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All future statutory references are to the Penal Code unless otherwise stated.
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The factual background is taken from the police reports.
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the backseat of a bus located in the transportation yard of the school on fire. The fire
damaged or destroyed one utility school trailer, a band trailer, several classrooms, and
two school buses.
Defendant then went to a church, the Church of the Nazarene, and broke the
stained-glass window. He then entered the church, broke things inside the church, and
took “a bunch of music equipment.” Defendant acknowledged that he made a “ ‘mess’ ”
at the church.
On March 20, 2015, a felony complaint was filed charging defendant with one
count of arson of a structure (§ 451, subd. (c); count 1); two counts of arson of property
of another (§ 451, subd. (d); counts 2 & 3); two counts of vandalism over $400 (§ 594,
subd. (a); counts 4 & 6); one count of grand theft of personal property exceeding $950
(§ 487, subd. (a); count 5); and one count of second degree burglary (§ 459; count 7).
On March 11, 2016, pursuant to a plea agreement, defendant pled guilty on
counts 1, 4, and 5, in exchange for the dismissal of the remaining charges, a Harvey3
waiver on all dismissed counts, and a stipulated term of four years eight months in state
prison. After directly examining defendant, the trial court found that defendant read and
understood his plea form and that defendant understood the charges and consequences of
his guilty plea. The trial court also found that defendant knowingly, intelligently, freely,
and voluntarily waived his constitutional rights and that defendant’s plea was entered into
freely, voluntarily, knowingly, and intelligently. The trial court also found that there was

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People v. Harvey (1979) 25 Cal.3d 754.
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a factual basis for defendant’s plea. The parties stipulated that the felony complaint and
the police reports provided a factual basis for the plea. Immediately thereafter, defendant
was sentenced in accordance with his plea agreement (the middle term of four years on
count 1, a concurrent middle term of two years on count 5, and a consecutive low term of
eight months on count 4, for a total term of four years eight months). Defendant was
awarded 720 days of credit for time served (360 days actual, plus 360 conduct). The
remaining allegations were dismissed.
On September 30, 2016, a contested restitution hearing was held. At that time, the
risk manager at Redlands Unified School District testified to the losses incurred by the
fire at the school. She provided an itemized list of the costs, submitted as Exhibit 2 by
the prosecution, and noted the loss as $271,115.58. The risk manager explained the
itemized list and described the replacement costs of the damaged items.
The pastor/office manager of the Church of the Nazarene also testified to the
losses incurred at the church. The pastor explained the damage incurred at the church
and the costs to replace all of the damaged items. The pastor stated that the church’s
insurance policy had a $1,000 deductible the church was responsible for and that the total
loss was $103,229.80 including the $1,000 deductible. The prosecution submitted a copy
of the checks the church received from its insurance carrier for the losses as exhibit l.
Following argument, the trial court ordered victim restitution in the amount of
$271,115.58 to the Redlands Unified School District and $103,229.80 to the Church of
the Nazarene.
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On November 29, 2016, defendant filed a notice of appeal from the restitution
order.
III
DISCUSSION
After defendant appealed, upon his request, this court appointed counsel to
represent him. Upon examination of the record, counsel has filed a brief under the
authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386
U.S. 738, setting forth a statement of the case, a summary of the facts and potential
arguable issues, and requesting this court to conduct an independent review of the record.
To aid our review, appellate counsel has summarily identified one possible
appellate issue: whether the trial court properly exercised its discretion when it ordered
victim restitution in the amount of $271,115.58 to the Redlands Unified School District
and $103,229.80 to the Church of the Nazarene.
We offered defendant an opportunity to file a personal supplemental brief, and he
has not done so.
An appellate court conducts a review of the entire record to determine whether the
record reveals any issues which, if resolved favorably to defendant, would result in
reversal or modification of the judgment. (People v. Wende, supra, 25 Cal.3d at pp. 441-
442; People v. Feggans (1967) 67 Cal.2d 444, 447-448; Anders v. California, supra, 386
U.S. at p. 744; see People v. Johnson (1981) 123 Cal.App.3d 106, 109-112.)
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Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have
independently reviewed the entire record for potential error and find no arguable error
that would result in a disposition more favorable to defendant.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
CODRINGTON
J.
We concur:
RAMIREZ
P. J.
FIELDS
J.