People v. Warne CA5

Filed 11/12/14 P. v. Warne CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F067225

v. (Super. Ct. No. CRF39466)

WILLIAM DEVORE WARNE, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Tuolumne County. Eleanor Provost, Judge. Law Offices of Kenneth M. Foley and Kenneth M. Foley, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Charity S. Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Gomes, Acting P.J., Franson, J., and Peña, J.

After the charges were reduced to misdemeanors, appellant, William Devore Warne, pled no contest to inflicting corporal injury on a cohabitant (count I/Pen. Code, § 273.5, subd. (a))1 and vandalism (count II/§ 594, subd. (a)) and was placed on probation for two years. On appeal, Warne contends the court erred in its award of restitution to the victim for the costs of an emergency room visit, repairs to her truck, and an office visit to a doctor. We affirm. FACTS On September 21, 2012, while at a bar in Tuolumne County, Warne got in an argument with his girlfriend. After both of them got into her truck, Warne struck his girlfriend on the face. He then got out of the truck and damaged the passenger’s door and the driver’s door. On September 25, 2012, the district attorney filed a complaint charging Warne with two felonies, inflicting corporal injury on a cohabitant (count I) and vandalism (count II). On November 2, 2012, after the court granted the prosecutor’s motion to amend the complaint to reduce the charges to misdemeanors, appellant pled no contest to both counts. The court then placed Warne on two years’ probation. On February 22, 2013, the court held a restitution hearing. On March 28, 2013, the court ordered Warne to pay the victim a net restitution amount of $7,520.59, which represented full restitution of $10,520.59 less $3,000 Warne had already paid. The court’s restitution order included the following amounts that Warne challenges on appeal: $4,363 for a hospital emergency room visit, $4,310.04 for repairs to the victim’s truck, and $410 for a doctor’s bill for an office visit.