People v. Frias
Annotate this CaseFrias pleaded no contest to stealing a 2001 Chevrolet Tahoe, with 200,000 miles on it and no dents, scratches, or damage before the theft. After the theft, there was damage to the bumper, side, grille, and other parts of the car. A shop estimated repair at $8,385.04. Frias opposed this estimate and proposed $7,025.21, which was a later estimate from the same shop but without using original GM parts. The court of appeal affirmed an order of restitution for $8,385.04 Restitution should be based on the amount of loss the victim claims and should “fully reimburse” the victim for every economic loss the defendant’s criminal conduct caused (Pen. Code 1202.4(f)). The trial court had the discretion to determine the owner was entitled to original manufacturer parts rather than aftermarket parts. It was Frias’s burden to show otherwise. Frias’s counsel suggested there might be zero quality difference between original and aftermarket parts, but the court was free to reject this claim, which no evidence supported.
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