P. v. Eynon CA4/2
Pursuant to a plea agreement, defendant and appellant David Scott Eynon pled no contest to one count of receiving a stolen vehicle. (Pen. Code, § 496d). The trial court ordered him to pay victim restitution for the difference between the replacement cost of the truck ($22,000) and the insurance payment the owner received ($19,361.04), plus the deductible the owner paid to his insurance company ($250). Defendant contends the court abused its discretion by ordering him to pay restitution since there was no evidence that he was involved with the theft of the truck, and the truck owner’s economic losses were unrelated to defendant’s possession of the truck several months later. We agree with defendant and reverse.
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