P. v. Martinez
Defendant was convicted by jury of unlawfully taking or driving a vehicle (count 1) and receiving stolen property (count 2) based on evidence that on November 17, 2005, he drove a car that had been stolen the day before. The car had a punched-out ignition and the stereo system was missing. Defendant was sentenced to the middle term of two years on count 1, with sentence on count 2 stayed pursuant to Penal Code section 654. Restitution to the victim under Penal Code section 1202.4, subdivision (f), was ordered in the amount of $1,300.
Defendant contends that the restitution should have been limited to $1,200. The basis of the contention is that, although the victim testified he had spent "[a]bout $1,200, more or less" to fix the car and the probation officer's report indicated that the victim had reported a loss of "approximately $1,200," at the sentencing hearing the prosecutor stated that the loss was $1,300 and the court ordered restitution in that amount. The Attorney General aptly concedes that defendant's contention is meritorious and that the judgment should be modified to reflect the $1,200 amount. Court modify the judgment accordingly.
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