People v. Ranger CA2/2

Filed 2/25/15 P. v. Ranger CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B254763

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA083271) v.

MICHAEL SHAUN RANGER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Teri Schwartz, Judge. Reversed and remanded.

Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Michael Shaun Ranger (defendant) appeals from an order for direct victim restitution. He contends that the order was not supported by substantial evidence and that the trial court applied the incorrect measure of compensation. In addition, defendant contends that counsel retained for the restitution hearing provided ineffective assistance, and that the restitution amount should have been determined by a jury. We agree that the order must be reversed and the matter remanded for a new hearing, however, we reject defendant’s claim that he has a right to a jury determination and we find defendant’s claim of ineffective assistance of counsel to be moot. BACKGROUND In 2012, a jury convicted defendant of assault with a deadly weapon and found that defendant personally inflicted great bodily injury upon the victim, which caused the victim to become comatose due to brain injury and to suffer paralysis. After the trial court sentenced defendant to eight years in prison and ordered defendant to pay victim restitution, we affirmed the judgment.1 After several continuances and the substitution of defense counsel, the restitution hearing was held on September 24, 2013.2 The People did not file a written motion, the victim did not testify, and the only evidence presented was a bill from Huntington Hospital for $176,254.46 and an explanation of benefits from Health Net Insurance Company. Also included were spreadsheets summarizing hospital, physician, and prescription charges. However, there was no testimony or other evidence indicating whether the hospital accepted the insurance payment as payment in full or how much the victim actually paid out of pocket. The trial court heard the argument of counsel. The prosecutor represented that the insurance company had paid a portion of the hospital bill, and that $176,254.46 was not unreasonable for a 30-day hospital stay. Defense counsel argued that charges that were