Opinion
E067347
05-04-2017
THE PEOPLE, Plaintiff and Respondent, v. ROBERT A. TRUJILLO, Defendant and Appellant.
Arielle Bases, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (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.
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), 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.
All future statutory references are to the Penal Code unless otherwise stated.
II
FACTUAL AND PROCEDURAL BACKGROUND
The factual background is taken from the police reports.
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 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 Harvey 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 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.
People v. Harvey (1979) 25 Cal.3d 754. --------
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.
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.)
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.