People v. MearnsPeople v. Mearns
I. INTRODUCTION
Defendant, Charles Sterling Mearns, appeals from his conviction, based upon guilty pleas, for rape by force (
II. FACTUAL BACKGROUND RELEVANT TO THE ATTACK ON SUSAN F.
We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560; People v. Osband (1996) 13 Cal.4th 622, 690, 55 Cal.Rptr.2d 26, 919 P.2d 640; Taylor v. Stainer (9th Cir.1994) 31 F.3d 907, 908-909.) According the probation report, on May 24, 2000, defendant entered the mobilehome of Susan F. in her absence. When Susan F. returned home, she noticed the drapes to her bedroom had been closed. Susan F. entered her bedroom. As Susan F. bent to pick up a bra on the floor that had not been there earlier, defendant shut the bedroom door. Defendant had been waiting for her in the corner of the bedroom. Defendant threw Susan F. on the bed. Defendant was holding a three-inch serrated knife. Defendant bound and gagged Susan F. After licking her breasts, defendant placed his fingers in her vagina moving them in and out for three or four minutes. Defendant then forcefully raped Susan F. with the knife held close to her face. As he was raping her, defendant said, “I am going to fuck you so hard, harder than you have ever been in your life.” Before leaving her residence, according to the probation report, “[T]he defendant told the victim, that if she did not be quiet, he knows w[h]ere her son goes to school and he would hurt her son.” Defendant pushed Susan F. back on the bed. Defendant then once again threatened to hurt the son of Susan F. Defendant took several items of Susan F.‘s jewelry from her home.
Defendant was arrested on July 17, 2000, in Martin County, Florida. Defendant was apprehended by Martin County sheriffs deputies while attempting to flee by bus to Buffalo, New York. When deputies approached the trailer where defendant was hiding, he fled. He was arrested after he “fled out the back door.” A bag defendant had packed for the trip to Buffalo, New York contained a “12 gauge shotgun“.
III. DISCUSSION
Defendant argues the trial court improperly imposed a restitution fine that included reimbursement to Susan F. for the relocation costs she incurred in purchasing a new mobilehome.
A. Procedural Background
At the time defendant entered his guilty pleas on January 29, 2001, the trial court, continued sentencing and ordered the probation department to prepare a report, including the amount of restitution due Susan F. On March 9, 2001, the trial court requested documentation detailing the economic damages suffered by Susan F. and continued the sentencing hearing. At the April 19, 2001, sentencing hearing, counsel stipulated to the fact that Susan F. sold her mobilehome for $13,000 and purchased a new mobilehome for $26,575. However, defense counsel objected to an award to Susan F. of the difference between the sale and purchase prices of the two residences as part of the restitution order. Susan F. testified she sold her mobilehome to the first available buyer because she wanted to leave the residence where she had been raped and her son threatened. Susan F. stated: “There‘s a ton of bad memories. I mean, I just can‘t live like that.” Susan F. acknowledged that she might have been able to sell her mobilehome
B. Restitution
In 1982, California voters amended the state Constitution by way of initiative which established a new constitutional right for crime victims to obtain restitution for losses suffered as a result of a criminal act and directed the Legislature to enact laws empowering the trial courts to issue such orders.
1. Standard of review
We review a restitution order for abuse of discretion. (People v. Thygesen (1999) 69 Cal.App.4th 988, 992, 81 Cal. Rptr.2d 886; People v. Ortiz (1997) 53 Cal.App.4th 791, 800, 62 Cal.Rptr.2d 66.) Our colleagues in Division Two of this appellate district noted, “Under that standard, we are required to keep in mind that even though the trial court has broad discretion
2. Legislative intent
While recognizing the mandate of the constitution and
The Supreme Court has held: “`The courts must give statutes a reasonable construction which conforms to the apparent purpose and intention of the lawmakers.’ (Clean Air Constituency v. California State Air Resources Bd. (1974) 11 Cal.3d 801, 813 [114 Cal.Rptr. 577, 523 P.2d 617].)” (Webster v. Superior Court (1988) 46 Cal.3d 338, 344, 250 Cal.Rptr. 268, 758 P.2d 596.) Further, the Supreme Court has held: “We have recognized that a wide variety of factors may illuminate the legislative design, `“such as context, the object in view, the evils to be remedied, the history of the time and of legislation upon the same subject, public policy and contemporaneous construction.“’ (In re Marriage of Bouquet [ (1976) ] 16 Cal.3d 583, 587 [128 Cal.Rptr. 427, 546 P.2d 1371] quoting Alford v. Pierno (1972) 27 Cal. App.3d 682, 688 [104 Cal.Rptr. 110].)” (Walters v. Weed (1988) 45 Cal.3d 1, 10, 246 Cal.Rptr. 5, 752 P.2d 443.) Ultimately, “[w]e must select the construction that comports most closely with the apparent intent of the Legislature, with a view to promoting rather than defeating the general purpose of the statute, and avoid an interpretation that would lead to absurd consequences. [Citation.]” (People v. Jenkins (1995) 10 Cal.4th 234, 246, 40 Cal. Rptr.2d 903, 893 P.2d 1224.)
3. Application of statutory interpretation principles to the economic loss sustained by Susan F.
To begin with,
Likewise, the language of
4. Propriety of trial court‘s exercise of discretion
We look now to the trial court‘s exercise of discretion in this case. In awarding $13,575, the difference between the sale of Susan F.‘s original mobilehome and the purchase price of the new mobilehome, the trial court reasoned, “The intent of the Legislature is to really make a victim as whole as one can do so in a monetary way without waiving any due process rights that the defendant might have or the victim might have to compensation in a civil court.” The trial court continued: “I think the reasonable concept transcends all of these various provisions; for example, on the purchase of a new home. The victim in this particular case went through one of the most traumatic events one unfortunately would suffer in a lifetime. It happened at home.... [¶] ... [¶] One—especially a woman by herself with an 8-year-old—has to make certain decisions, and all we can do with those decisions is maybe not agree that you would do the same thing or I would, but would a reasonable person in those circumstances? [¶] The mobile home itself is a fairly open environment, it seems to me. It doesn‘t have the traditional protections of a more permanent home. That‘s reflected in Detective Valentine‘s report. So I don‘t think it unreasonable for one to decide they‘re going to relocate, in part because it‘s therapeutic—[¶] As you suggest, bad memories. [¶]—And in part because one does not want their whereabouts known for whatever reason. [¶] And so I think relocation is a principle that the courts would accept as realistic under the facts and circumstances of an individual case. It occurred in the mobile home. It occurred at that location. I think the victim is entitled to relocate.”
The trial court noted that the law did not allow a victim to be opportunistic. The court stated: “On the other hand, one has to take into account that one is not deciding to relocate because one desires that. They‘re doing it out of a reaction to a criminal act. And you then, therefore, have to take concepts like immediacy and emergency, as in this case, for example, in which this unit was sold well under market apparently. One has to go out and find another location that gives security, like a gated community, and which also provides the same basic living environment. We understand that whatever we do, it‘s probably going to cost more the longer we wait to do it.”
The trial court could properly award $13,575 for the relocation costs to the new mobilehome. The trial court‘s finding was rational, well-reasoned, based on factual evidence presented at the hearing, and within its broad discretion. (People v. Ortiz, supra, 53 Cal.App.4th at pp. 799-800, 62 Cal.Rptr.2d 66; People v. Rowland, supra, 51 Cal.App.4th at p. 1754, 60 Cal. Rptr.2d 351; In re S.S. (1995) 37 Cal. App.4th 543, 548, 43 Cal.Rptr.2d 768.) The trial court allowed only those expenses directly related to the difference in price between the two mobilehomes, excluding
Two separate comments are in order concerning defendant‘s contention that Susan F. did not move to the new mobilehome in order to avoid further contact with defendant. Defendant relies on the language in
IV. DISPOSITION
The judgment is affirmed.
We concur: ARMSTRONG and MOSK, JJ.