Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County Super. Ct. No. SCD201015, Timothy R. Walsh, Judge.
AARON, J.
On August 12, 2006, and again on August 21, Rocky Lee Griffin willfully and maliciously reported a bomb threat to police, knowing that the report was false. On August 23 he falsely reported an emergency to police, knowing that the report was false. Griffin used a cellular telephone belonging to Sandra Schoenhardt to make all three reports. Schoenhardt told the police that her cellular telephone had been stolen before July 21. Later, she said that she had let her friend, Sara Cool, use the telephone and Cool then gave it to her stepfather. Cool told the police that she gave the telephone to "Richard Thompson," which was determined to be Griffin's alias. Griffin claimed that his daughter had given him permission to use the telephone. The probation officer sent a restitution letter to Schoenhardt, but received no reply.
Griffin was not charged with theft of the telephone. He entered a negotiated guilty plea to falsely reporting placement of a bomb (Pen. Code, § 148.1, subd. (c)) (counts 1 and 2) and falsely reporting an emergency, a misdemeanor (§ 148.3, subd. (a)) (count 3). The court sentenced him to two years eight months in prison: the two-year middle term on count 1, eight months on count 2 (one-third the middle term), and 365 days in the sheriff's custody on count 3. The court ordered him to pay $307.05 restitution (§ 1202.4, subd. (f)) to Schoenhardt.
All further statutory references are to the Penal Code.
Griffin appeals, contending the restitution order must be stricken because Schoenhardt was not a direct victim of his offenses. The People properly concede the point. (People v. Birkett (2003) 21 Cal.4th 226, 243.) We accordingly modify the judgment by striking the $307.05 restitution order.
DISPOSITION
The judgment is modified by striking the $307.05 restitution order. As so modified, the judgment is affirmed. The superior court is directed to prepare an amended abstract of judgment and to forward it to the Department of Corrections and Rehabilitation.
WE CONCUR: BENKE, Acting P. J., McINTYRE, J.