People v. Walker

Filed 11/26/14 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B254183

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA077278) v.

RICK ALLEN WALKER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael J. O’Gara, Judge. Affirmed as modified.

Jolene Larimore, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Zee Rodriguez and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

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Can a criminal defendant sentenced to prison for driving under the influence (DUI) causing injury, when multiple injuries arise out of a single incident, be ordered to pay restitution to victims injured in that incident who are not named in the charging document? The answer is yes, and we modify but affirm the judgment, and affirm the restitution order. FACTUAL AND PROCEDURAL BACKGROUND Rick Allen Walker (Defendant) drove his pick-up truck the wrong way on the 14 Freeway. He hit eight different vehicles, which were carrying a total of nine passengers. Defendant had consumed alcohol and methamphetamine. The People charged Defendant with four counts of DUI causing injury (Veh. Code, § 23153, subd. (a)), and those counts named four of the nine people he hit. The People also specifically alleged that Defendant proximately caused injury to those four victims. (Veh. Code, § 23558.) Prior to the preliminary hearing, Defendant pled no contest to all four counts and admitted the special allegation. The trial court sentenced Defendant to six years in state prison, comprised of three years on count one and three consecutive years for the multiple injury enhancement. The court stayed the remaining three counts under Penal Code section 654.1 The court ordered Defendant to pay restitution to four persons--two who had been named in the charging document (Fernando Lopez and David Becker) and two who had not been named but whom Defendant conceded were involved in the accident he caused (Richard Pauley and Myisha Hatfield). Defendant appeals the restitution order and the portion of the judgment staying the last three counts of DUI causing injury. DISCUSSION I. Restitution In California, crime victims have a constitutional right to seek restitution for “the losses they suffer” from the defendant who inflicted those losses. (Cal. Const., art. I,