P. v. Lopez

Filed 10/25/07 P. v. Lopez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

We here consider the single claim on appeal that the court below erred in directing appellant to pay $752 directly to the victim crime fund. We conclude that pursuant to Penal Code section 1202.4, subdivision (f)(2) the order was proper.

Appellant inflicted multiple skull fractures on the victim Hernandez. The result of the injuries was that his vision was impaired, he missed eight weeks of work, he now must medicate with Dilantin for seizures and he incurred medical bills in the amount of $62,914.90. The altercation with the victim arose out of appellants suspicion that Hernandez was romantically involved with appellants girlfriend. The appellant was on probation for domestic violence at the time of the offense.

Appellant claims that the trial court erred in granting the district attorneys motion to have the Victim Compensation Board be named as a direct victim entitled to direct reimbursement by appellant. The court complied with the district attorneys request although there was no need for such a finding by the court because the Penal Code, particularly section 1202.4 addresses restitution to the Victim Compensation Board.

Penal Code section 1202.4, subdivision (f)(2) provides: Restitution ordered pursuant to this subdivision shall be ordered to be deposited to the Restitution Fund to the extent that the victim, as defined in subdivision (k) has received assistance from the Victim Compensation Program pursuant to Chapter 5 (commencing with Section 13950) a Part 4 of Division 3 of Title 2 of the Government Code. It goes on to provide at subsection (p) The court clerk shall notify the California Victim Compensation and Government Claims Board within 90 days of an order of restitution being imposed if the defendant is ordered to pay restitution to the board due to the victim receiving compensation from the Restitution Fund. . . .

The court ordered appellant to pay $752 directly to the fund and further ordered that it might order additional amounts in the future. The fact of the mischaracterization of the board as a direct victim is entirely harmless.

Disposition

The judgment is affirmed.

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RUSHING, P.J.

WE CONCUR:

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PREMO, J.

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ELIA, J.

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