California v. Valle
Annotate this CaseDefendant Jason Valle appealed restitution order regarding an undamaged cell phone. Valle and his girlfriend M. got into an argument at defendant’s home. The argument turned physical when defendant headbutted M. in the face, causing bleeding and a nasal fracture. M. was able to quickly get out, but she left her purse and new phone behind. Later that month, defendant pled no contest to battery in a dating relationship. On April 19, 2022, defendant returned the phone to M. at his sentencing hearing. A few weeks later at the victim restitution hearing, M. sought $629.99 for her phone. She testified she had intended to get a refund for the phone in that amount, but the refund period had lapsed by the time defendant returned the phone to her. The court awarded her the purchase price of the phone and allowed her to keep the phone. The Court of Appeal concluded the trial court abused its discretion because it overcompensated the victim, and reversed and remanded with one of two options: (1) if the victim has not sold the phone, the court shall hold a hearing on the difference in value of the phone between the day the victim purchased the phone and the day the defendant gave it back to her; or (2) if the victim has sold the phone, the court shall hold a hearing on the difference between the purchase price and the amount for which she sold it. The defendant shall then be ordered to pay that difference.
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