P. v. Ochoa
On February 18, 2011, appellant, Jose Farias Ochoa, entered a laundromat and removed a candy machine from the premises. A jury found appellant guilty of second degree commercial burglary (Pen. Code,[1] § 459; count 1) and possession of burglar’s tools (§ 466; count 2) and the court found that he had served a prior prison term (§ 667.5, subd. (b)). On August 23, 2011, the court sentenced him to a total prison term of three years (the middle term of two years for count 1, plus one year for the prison prior) and ordered him to pay $350 in victim restitution. Appellant now contends he is entitled to be resentenced pursuant to section 1170, subdivision (h), which became operative on October 1, 2011. He also challenges the sufficiency of the evidence supporting the court’s order of victim restitution. We affirm.
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