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PEOPLE v. THYGESEN

No. B123828.

81 Cal.Rptr.2d 886 (1999)

69 Cal.App.4th 988

The PEOPLE, Plaintiff and Respondent, v. Bendix L. THYGESEN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

February 3, 1999.

Attorney(s) appearing for the Case

Jonathan B. Steiner and Richard Fitzer, under appointments by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Pamela C. Hamanaka, Supervising Deputy Attorney General, and Wendy Chase Arenson, Deputy Attorney General, for Plaintiff and Respondent.

NOTT, J.

Bendix 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...

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