People v. Beard CA2/8

Filed 8/15/24 P. v. Beard CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B331653

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA156406-01 v.

KENDRA CHANNEL BEARD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Allen J. Webster, Judge. Affirmed as modified.

S.R. Balash, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, William H. Shin and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Appellant Kendra Channel Beard was charged with three counts of assault by means of force likely to produce great bodily injury in violation of Penal Code section 245, subdivision (a)(4).1 Each count named a separate victim: Brigette C. (count one), Jonah C. (count two), and Ashley N. (count three). The alleged date of the offenses was November 14, 2021. On April 1, 2022, Beard pleaded no contest to count one in return for a negotiated sentence and dismissal of the remaining counts. In exchange for her plea and her agreement to pay restitution as to all three counts for all three victims, Beard was sentenced to two years of formal probation with specified conditions. The incident occurred when Ashley N. told Beard she was too drunk to drive with children in her car. Beard became irate and tried to run over the victims with her car. The car ran over Brigette’s legs. Brigette was dragged 20 feet by the car. All the victims suffered cuts, bruises, and lacerations and were taken to the hospital. A hearing to determine the amount of restitution was held on May 5, 2023. The trial court awarded $16,540.46 to Brigette C. (count one) and $5,430 to Ashley N. (count three). The evidence in support of the award of $16,540.46 to Brigette C. was a letter from Lincoln Financial Group that paid Brigette C. short-term disability benefits beginning November 29, 2021, 15 days after the assault involving Beard. The People calculated the amount due as $14,361.59, the 40 percent of Brigette’s salary not covered by her disability insurance. The People also presented receipts for medical insurance Brigette bought after she lost her job. That amount came to $2,178.87 for