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Legal Opinion

People v. Thygesen

California Court of Appeal

Decided February 3, 1999No. B123828PublishedCited by 47 opinions

1Opinion of the Court

Opinion

NOTT, J.

Bendix L. Thygesen appeals from the imposition of a restitution order. The sole issue before us is whether the trial court correctly awarded the victim 13 months of rent. For the reasons that follow, we hold the award was not supported by the evidence. We therefore reverse and remand.

Facts

On May 19, 1997, appellant rented a cement mixer (the mixer) from Bonner’s Equipment Rental (Bonner), a small equipment rental yard. The mixer was purportedly a high quality gas cement mixer powered by an eight horsepower Honda engine. The weekly rental rate was $98, with a monthly rental rate…

2Cases cited9 opinions

  1. People v. CarbajalCalifornia Supreme Court · 1995
  2. People v. RichardsCalifornia Supreme Court · 1976
  3. People v. FosterCalifornia Court of Appeal · 1993
  4. People v. OrtizCalifornia Court of Appeal · 1997
  5. People v. RowlandCalifornia Court of Appeal · 1997

4 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. People v. GiordanoCalifornia Supreme Court · 2007
  2. People v. MillardCalifornia Court of Appeal · 2009
  3. People v. Johnny M.California Court of Appeal · 2002
  4. People v. ChappeloneCalifornia Court of Appeal · 2010
  5. People v. MearnsCalifornia Court of Appeal · 2002

42 more not listed; retrieve them via the Exa API.

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