People v. Kiss CA2/6

Filed 9/16/24 P. v. Kiss CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B332487 (Super. Ct. No. 21F-07332) Plaintiff and Appellant, (San Luis Obispo County)

v.

MICHAEL JOSEPH KISS,

Defendant and Respondent.

Michael Joseph Kiss appeals an order of restitution to the victims of his criminal offense of driving while intoxicated. We conclude that the trial court did not abuse its discretion by ordering Kiss to pay $18,000 for past medical expenses to the child victim and affirm. FACTUAL AND PROCEDURAL HISTORY1 In the morning of October 10, 2021, Tamara Ardron walked her children to school. She paused at a crosswalk and activated

This factual summary is taken from the probation report 1

which summarized the police report. Kiss agreed that the police report provided a factual basis for his plea.

the “walk” button. She then began to cross the street in advance of her two daughters. As one daughter began to cross the street, Ardron saw Kiss’s vehicle approach the crosswalk and realized that he was not going to stop. Ardron pushed her daughter back toward the sidewalk, causing her daughter to fall and sustain injuries. Kiss struck Ardron with his vehicle causing her to suffer serious injuries, including six fractured ribs, a sinus fracture, a punctured lung, and a facial laceration. Ardron’s broken coffee mug lay in the roadway and coffee splashed on the windshield and hood of Kiss’s vehicle. When arrested, Kiss was under the influence of a controlled substance and admitted to using methamphetamine the night before. Police officers discovered methamphetamine, drug paraphernalia, and a loaded firearm in his vehicle. He did not recall striking Ardron and thought a baseball had hit his windshield. On March 8, 2022, Kiss pleaded nolo contendere to driving under the influence of alcohol and causing injury (count 1); possession of a controlled substance with a firearm (count 4); and misdemeanor driving with a suspended license due to a prior driving under the influence conviction (count 7). (Veh. Code, §§ 23153, subd. (a), 14601.2, subd. (a); Health & Saf. Code, § 11370.1, subd. (a).) Kiss also admitted that he personally inflicted great bodily injury and that he had driving under the influence convictions in 2014 and 2017. In addition, he admitted to two factors in aggravation of sentencing. (Cal. Rules of Court, rule 4.421(a)(1), (2).) Pursuant to the plea agreement, the trial court sentenced Kiss to eight years’ imprisonment. On the prosecutor’s motion, the court dismissed the four remaining counts.