People v. Grandpierre
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After defendant was convicted of identity theft charges, the trial court awarded restitution for 19 hours of lost time to the victim, who owned 30 percent of a company called Electrical Advantage Engineering, and for the company. In this case, the victim spent 12 hours on the phone dealing with issues related to the case involving his credit and his business phone number. The victim also used one sick day. The trial court granted a 12-hour restitution award to the company and a seven-hour award to the victim.
The Court of Appeal concluded that the trial court did not abuse its discretion by awarding restitution to the victim and the company where the victim's testimony was prima facie evidence of loss to him and his company. Furthermore, defendant failed to disprove these losses or to provide a viable alternative theory of valuation. The court also concluded that the $420 restitution order to the victim was proper where the victim lost seven working hours correcting the harm defendant directly caused. Finally, the trial court did not abuse its discretion by ordering $2,340 restitution to the company where the company was a direct victim of defendant's actions. Therefore, the trial court did not abuse its discretion by calculating loss to the company notwithstanding the victim's efforts to make up lost work hours for the company. The court affirmed the trial court's judgment with instructions to amend the minute order to reflect the correct amount of restitution.
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