People v. Cortezrodriguez CA2/6

California Court of Appeal Jun 17, 2025 No. B330882Unpublished

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Holding. The court held that the trial court did not abuse its discretion in ordering restitution for emergency response costs and including statutory interest, as such an order is authorized under Penal Code section 1203.1 and is consistent with civil judgment interest rules.

Issues

Whether the trial court erred in its statutory basis for ordering restitution to a police department for emergency response costs.
Whether the trial court erred by imposing statutory interest on the restitution award.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The court’s restitution order became “fully enforceable as a civil judgment forthwith and in accordance with Section 1202.4 of the Penal Code.””

“It is reasonable to require payment of interest on any unpaid restitution. In so ordering, the trial court did not abuse its discretion.”

Filed 6/17/25 P. v. Cortezrodriguez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B330882 (Super. Ct. No. 20F-07709) Plaintiff and Respondent, (San Luis Obispo County)

CARLOS DANIEL CORTEZRODRIGUEZ,

Defendant and Appellant.

Carlos Daniel Cortezrodriguez appeals the trial court’s restitution order arguing the court relied upon the incorrect statute and improperly imposed statutory interest on the award. We will affirm. FACTUAL AND PROCEDURAL BACKGROUND Appellant drove his vehicle while under the influence of drugs, causing a collision that resulted in significant injuries to the driver of another vehicle. The Grover Police Department responded to the collision. In a second-amended felony

information appellant was charged with felony reckless driving causing specified injury, a violation of Vehicle Code section 23105, subdivision (a) (count 1); and driving under the influence of any drug causing injury in violation of section 23153, subdivision (f). Count 1 also alleged a great bodily injury enhancement (Pen. Code, § 969f, subd. (a)). Appellant pleaded no contest to count 2. Count 1 was dismissed as part of the plea agreement. He was sentenced to 180 days in the county jail and five years of probation. The Grover Beach Police Department submitted a request for $619.70 restitution under Government Code section 53150 for its emergency response costs.1 Appellant stipulated to the amount. The court signed a formal order for the requested amount and for statutory post-judgment interest. The order does not state the statutory basis for the award and the trial court did not articulate the statutory basis for the award. The minute order cited Penal Code section 1202.4. Appellant contends the award to the police department is unauthorized because the minute order states the award was

People v. Cortezrodriguez CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

CARLOS DANIEL CORTEZRODRIGUEZ,

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