People v. Zamudio CA1/1

Filed 8/25/15 P. v. Zamudio CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A143925 v. SOCORRO REYES ZAMUDIO, (Sonoma County Super. Ct. No. SCR579487) Defendant and Appellant.

Defendant Socorro Reyes Zamudio pleaded no contest to two counts related to having unlawful sexual intercourse with a woman incapable of giving legal consent. He appeals from the trial court’s order requiring him to pay $5,763.21 in victim restitution to the Victim Compensation and Government Claims Board (Board) for medical and mental-health expenses. He argues that the restitution order is supported by insufficient evidence. We disagree and affirm. I. FACTUAL AND PROCEDURAL BACKGROUND In March 2010, Zamudio was a guest at a friend’s house where a 55-year-old developmentally disabled woman (Jane Doe) lived.1 One night Zamudio entered Doe’s bedroom, lay down next to her, and told her to remove her disposable undergarment. Zamudio then touched Doe and had sex with her, covering her mouth when she tried to

1 In the absence of a trial or completed preliminary hearing, this factual and procedural background is taken from the presentence report prepared by the probation department.

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call for help. Doe’s mother called the police upon discovering Zamudio in Doe’s bedroom hiding under the bed. Zamudio was charged with one count of sexual intercourse with an individual incapable of giving legal consent (Pen. Code § 261, subd. (a)(1)),2 and one count of unlawful sexual intercourse by force (§ 261, subd. (a)(2)). He pleaded no contest to the charges and was sentenced to serve six years in state prison on each count, with imposition of the sentence as to count two stayed under section 654. As part of his no contest plea, Zamudio signed a waiver advising him that he could be subject to a mandatory restitution fine between $200 and $10,000. The trial court ordered Zamudio to pay a $2,400 restitution fine and victim restitution in an amount to be determined by the Board under section 1202.4. At the initial restitution hearing in November 2014, Zamudio referred to a prior agreement with a judge regarding restitution, and the hearing was continued to December 2014. At the subsequent hearing, Board records were entered into evidence, including copies of redacted health insurance claim forms submitted to and paid by the Board on behalf of Doe and her mother. The Board sought reimbursement from Zamudio for these payments. The only evidence Zamudio offered during the hearing was Doe’s physical- evidence-examination report, which the trial court found was not relevant to restitution. After the Board records and the physical-evidence-examination report were moved into evidence, Zamudio submitted. The only other issues Zamudio raised related to his release date and credit calculations. The trial court ordered Zamudio to pay $5,763.21 in victim restitution to the Board: $1,713.21 in medical expenses plus $4,050 in mental-health expenses. Zamudio did not object to either the restitution amount or to the sufficiency of evidence supporting the order during the hearing.