P. v. Alvarado

Filed 2/5/07 P. v. Alvarado CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

JOSE SUAREZ ALVARADO,

Defendant and Appellant.

H030080

(Santa Cruz County

Super. Ct. No. F12652)

Defendant Jose Suarez Alvarado entered a negotiated plea of no contest to felony assault and street terrorism. As part of the sentence, the trial court imposed victim restitution of $295,391.71. (Pen. Code, § 1202.4, subd. (f).) On appeal, defendant contends that no substantial evidence supports a victim restitution amount exceeding $244, 521.87. The People concede the point, and we agree that the concession is appropriate. We therefore modify the judgment and affirm.

background

A person convicted of a felony faces the imposition of victim restitution, an order enforceable as if it were a civil judgment. (Pen. Code, § 1202.4, subd. (a)(3)(B).) The trial court â€

Description	Defendant entered a negotiated plea of no contest to felony assault and street terrorism. As part of the sentence, the trial court imposed victim restitution of $295,391.71. (Pen. Code, S 1202.4, subd. (f).) On appeal, defendant contends that no substantial evidence supports a victim restitution amount exceeding $244, 521.87. The People concede the point, and court agree that the concession is appropriate. Court therefore modify the judgment and affirm.
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