California Court of Appeal

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People v. Stanley, C063661

In a prosecution of defendant for felony vandalism of a truck, trial court's order of restitution in the amount of $2,812.94 for repairs is affirmed as the court disagrees with People v. Yanez (1995) 38 Cal.App.4th 1622, to the extent that Yanez sets out a rigid rule that a trial court could never award more than a vehicle's market value, and the court agrees with In re Dina V. (2007) 151 Cal.App.4th 486, where the statutes implementing Proposition 8 give the trial court a choice between market value and feasible repair cost. Therefore, the trial court did not abuse its discretion in awarding the victim the cost of repairing the vehicle, even if that amount exceeds the replacement value of the vehicle.

Appellate Information

  • Submitted 08/03/2010
  • Decided 08/03/2010
  • Published 08/03/2010

Judges

  • NICHOLSON

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Robert Navarro, Edmund G. Brown, Jr

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