People v. Bordelon CA1/1
CourtCalifornia Court of Appeal
Date FiledNovember 4, 2026
DocketA174604
StatusUnpublished
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Full Opinion
Filed 11/4/26 P. v. Bordelon CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or
ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
THE PEOPLE,
Plaintiff and Respondent,
A174604
v.
JOHNATHAN RAMONE (Contra Costa County
BORDELON, Super. Ct. No. 04-22-00908)
Defendant and Appellant.
MEMORANDUM OPINION1
Defendant Johnathan Bordelon appeals from a trial court order
requiring him to pay approximately $7,000 in victim restitution for a car he
stole and crashed. His sole claim on appeal is that the court wrongly
calculated the award based on the low end of the car’s fair market value
without accounting for other factors that potentially further reduced its
value. We affirm.
1 We resolve this case by a memorandum opinion in accordance with
California Standards of Judicial Administration, section 8.1.
I.
FACTUAL AND PROCEDURAL
BACKGROUND
As this appeal involves the calculation of restitution, we need only
briefly recite the underlying facts. Early on the morning of September 25,
2022, a driver of a 2012 Honda Civic EX (the victim) and her passenger
arrived at the parking lot of a Denny’s restaurant. Bordelon forced the two
out of the car at gunpoint and then drove away in it, taking with him the
victim’s and passenger’s possessions (including two iPhones, a purse, a
wallet, and cash). An hour later, Bordelon robbed a convenience store at
gunpoint. A high-speed police chase ensued, which ended when he crashed
the victim’s car into a highway median.
In October 2022, Bordelon was charged by information with multiple
felonies, including carjacking and second degree robbery.2 Nearly two years
later, in July 2024, he pled no contest to one count of second degree robbery
and an enhancement for personally using a firearm in exchange for an eight-
year prison sentence.3 The following month, the trial court imposed the
negotiated sentence, composed of the aggravated term of five years for the
robbery and the mitigated term of three years for the firearm enhancement.
2 All statutory citations are to the Penal Code.Bordelon was charged
with carjacking under section 215, subdivision (a), two counts of second
degree robbery under section 211, one count of attempted second degree
robbery under sections 211 and 664, and one count of being a felon in
possession of a firearm under section 29800, subdivision (a)(1). All of the
counts except the firearm-possession count were accompanied by allegations
that he personally used a firearm under section 12022.53, subdivision (b).
3 Bordelon was convicted of second degree robbery under section 211,
and the firearm enhancement was amended to be under section 12022.5,
subdivision (a). He also admitted as an aggravating factor under California
Rules of Court, rule 4.421(b)(4) that his convictions were of increasing
seriousness.
2
After sentencing, the prosecution sought restitution to compensate the
victim for her wrecked car, which could not be repaired, arguing that she was
“entitled to the replacement of her vehicle with one that is similar.” It
provided documentation that the “Kell[e]y Blue Book reveals a fair market
range of $6,958 to $9,267 for a 2012 Honda Civic EX with a typical listing
price of $8,973.” According to the prosecutor, the victim wanted $15,000 in
restitution because she spent that much to replace her car with a similar one.
In response, Bordelon argued that the victim was entitled only to the
“value of the car as it was at the time of the incident.” He claimed the value
was $3,720 because the car was already damaged before the crash, had over
200,000 miles on it, and was subject to a “salvage title and airbag deployment
report.” He based his proposed valuation on a CARFAX “History-Based
Value Report” he submitted.
A restitution hearing was not held until June 27, 2025. The trial court
first rejected the victim’s requested restitution of $15,000, as it believed “the
claim for $15,000 well exceeds like-for-like lost property.” The court next
rejected Bordelon’s proposed amount of restitution. It found that the $3,720
amount that he was “willing to stipulate to [would] not adequately
compensate the victim for like-for-like losses.” Rather than accepting either
of these proposed valuations, the court “adopt[ed] the low end of the fair
market range for a 2012 Honda Civic EX at $6,958 for the loss of the
vehicle.”4
4 The trial court also awarded victim restitution for other losses that
Bordelon did not oppose.
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II.
DISCUSSION
A. General Legal Standards
Section 1202.4, subdivision (f), states: “[I]n every case in which a
victim has suffered economic loss as a result of the defendant’s conduct, the
court shall require that the defendant make restitution to the victim or
victims in an amount established by court order, based on the amount of loss
claimed by the victim or victims or any other showing to the court.” The
statute further elaborates that, to the extent possible, the restitution amount
“shall be of a dollar amount that is sufficient to fully reimburse the victim or
victims for every determined economic loss incurred as the result of the
defendant’s criminal conduct.” (§ 1202.4, subd. (f)(3).) In particular, “[t]he
value of stolen or damaged property shall be the replacement cost of like
property, or the actual cost of repairing the property when repair is possible.”
(§ 1202.4, subd. (f)(3)(A).)
In requesting restitution, a victim must first make a prima facie
showing of economic loss incurred as a result of the defendant’s criminal acts.
(People v. Gemelli (2008) 161 Cal.App.4th 1539, 1543 (Gemelli).) The
standard of proof is a preponderance of the evidence. (Id. at p. 1542.)
“Section 1202.4 does not, by its terms, require any particular kind of proof.”
(Id. at pp. 1542–1543.) Rather, “[r]estitution hearings are intended to be
informal.” (People v. Weatherton (2015) 238 Cal.App.4th 676, 684.)
Once a victim has made a prima facie showing of loss, the burden shifts
to the defendant to disprove the amount of loss claimed. (Gemelli, supra,
161 Cal.App.4th at p. 1543.) In the case of damaged or stolen property, the
defendant can accomplish this by submitting evidence that the amount
claimed exceeds the property’s repair or replacement cost. (Ibid.) A
restitution order need not “ ‘be limited to the exact amount of the loss in
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which the defendant is actually found culpable, nor is there any requirement
the order reflect the amount of damages that might be recoverable in a civil
action.’ ” (People v. Ortiz (1997) 53 Cal.App.4th 791, 800.)
“A restitution order is reviewed for abuse of discretion and will not be
reversed unless it is arbitrary or capricious. [Citation.] No abuse of
discretion will be found where there is a rational and factual basis for the
amount of restitution ordered.” (Gemelli, supra, 161 Cal.App.4th at p. 1542.)
Applying these standards here, we have little trouble concluding that
there was a rational and factual basis for the restitution award. To begin
with, the undisputed evidence supported the conclusion that the car had some
market value before Bordelon crashed it. The victim was driving the car
immediately before Bordelon stole it, and it continued to be operable since
Bordelon drove it to the convenience store and then used it during a high-
speed effort to elude the police. Furthermore, the prosecutor submitted
Kelley Blue Book listings showing the fair market range for cars of the same
make, model, and year. These facts provided ample, and certainly
substantial, evidence of a non-arbitrary basis for the court’s decision to set
restitution at “the low end of the fair market range.” (See In re Travis J.
(2013) 222 Cal.App.4th 187, 202–203.)
Bordelon argues that the trial court’s decision was faulty because he
submitted evidence that the car’s actual value was lower than the low end of
the fair market value range, as the car had high mileage and preexisting
damage. He argues that the low end of the fair market value range should
have been ignored because it was based on vehicles that were not sufficiently
similar to the victim’s car, “which had a very high mileage of 211,000,
multiple severe damages, [a] title problem due to a reported accident, [a]
deployed airbag, and [a] voided basic warranty.” According to him, the award
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of restitution at the low end of the fair market value range still amounted to
a “windfall” for the victim.
But this description of the car’s pre-crash condition was never
conclusively established, and the trial court was not required to accept
Bordelon’s characterization of the car’s condition or his preferred method of
valuation.5 (People v. Ortiz, supra, 53 Cal.App.4th at p. 800.) While it is true
that the CARFAX report indicated the car had high mileage and was in an
accident a few months before the incident, the report stated that the damage
was “moderate” and did not address whether any repairs were made. The
court was not required to agree with Bordelon’s view of the car’s worth any
more than it was required to agree with the victim’s. What matters is
whether the court’s determination had a factual and rational basis, and it
did.
Bordelon separately argues that, even assuming the car had a fair
market value in line with what the trial court determined, the court was
obligated to “subtract the salvage value of the car” from the restitution
award. The argument is meritless. The primary case on which he relies,
People v. Sharpe (2017) 10 Cal.App.5th 741, is distinguishable. The Sharpe
victim kept and repaired the damaged vehicle, and the appellate court
indicated that restitution based on a decrease in fair market value should
account for the salvage value. (Id. at pp. 745–746.) Here, in contrast, the
victim was obligated to replace the car, and the trial court’s award reflected
an apparent attempt to compensate the victim for the replacement cost of a
similar vehicle. Bordelon identifies nothing in the record establishing that
5 In the trial court, Bordelon claimed the victim’s car had a lower value
than the fair market value because it had a salvage title at the time it was
wrecked. But as he acknowledges on appeal, the evidence actually showed
that the salvage title was issued after he crashed the car.
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the victim kept the vehicle he stole and crashed, and the court was not
obliged to reduce the restitution award by the salvage value of property the
victim no longer possessed.
III.
DISPOSITION
The June 27, 2025 order awarding victim restitution to the car’s owner
is affirmed.
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_________________________
Humes, P. J.
WE CONCUR:
_________________________
Banke, J.
_________________________
Langhorne Wilson, J.
People v. Bordelon A174604
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