In this case appellant broke the victim’s iPhone 7. In calculating the amount of victim restitution appellant would be ordered to pay, the trial court split the difference between the actual cost of the victim’s phone and the newer model the victim purchased. The court then tacked on an additional amount to account for the “time and effort” the victim expended to obtain the phone. The Court of Appeal reversed the order, finding that restitution for the damaged cellphone was the replacement cost of a like cellphone, not a cellphone costing more than twice as much. In addition, while the court noted that trial courts may account for time and lost wages, splitting the difference between the cost of two cellphones was not a “rational method” of determining the value of lost time, and there was no evidence at all to establish the existence, amount, or value of any time lost by the victim to replace the cellphone.
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