The People V. Ayala
(2007) 155 Cal. App. 4th 604 [66 Cal. Rptr 3d 228]
The Facts
In December of 2004, a coworker of the defendant’s husband severed the tip of his finger in a work related accident. After returning back to work several months later, the injured coworker brought his severed fingertip into work to show off to fellow workers. This is when the defendant’s husband, Mr. Jaime Plascencia allegedly bought the fingertip for $100, however it was rumored that the fingertip was given in exchange to settle a debt between the men. When Plascencia was given the fingertip he told the coworker that “he was going to have his wife put it in some food. (”
So on the evening of March 22nd 2005, the defendant (Anna Ayala) went to a Wendy’s restaurant on Monterey Rd.
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California law also states that “all persons who suffer personal losses as a result of the criminal activity shall have the right to restitution from the person convicted of the crimes for losses they suffer.
The Analysis
The court found that Wendy’s property was damaged as a result of Ayala’s hoax causing damages in excess of 3,200,000 which constitutes a 4 year sentence, they also ordered her to pay $170,604.66 to 177 line employees and 9 general managers for restitution. She was also being tried for an unrelated matter which resulted in a total sentence of 9 years in state prison.
The Conclusion
Ayala appealed the court’s decision, after review the court determined that her 4 year sentence was to be upheld and that she was still responsible for paying the total amount of restitution. They court did however grant her a 5 year relief in her prison stay on the unrelated charges. The reason her first 2 counts were upheld was because during her initial trail, she entered an unconditional guilty
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