P. v. Tygart CA3
The People appeal from the trial court’s refusal to reserve jurisdiction to modify restitution. A jury had convicted defendant Rusty Allen Tygart of felony vandalism with damages of $400 or more (Pen. Code, § 594; statutory section references that follow are to the Penal Code), for driving over the victim’s bicycle. After his conviction, defendant moved to modify the verdict, arguing insufficient evidence established the bicycle’s replacement value. The trial court held a restitution hearing to determine the bicycle’s value. Following the hearing, it reduced the conviction to a misdemeanor. And based on evidence from the hearing, the trial court ordered $375 in restitution to the victim.
The prosecutor, however, argued the $375 did not include the value of aftermarket components installed on the victim’s bicycle and asked the court to reserve jurisdiction to allow the People to present evidence of other items damaged by defendant.
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