People v. Amaya CA2/3

Filed 1/14/16 P. v. Amaya CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B259268

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA076502) v.

RENE ALVARADO AMAYA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Karen J. Nudell, Judge. Affirmed. Marta I. Stanton, under appointment by the Court of Appeal for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Kimberly J. Baker-Guillemet, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Defendant and appellant Rene Alvarado Amaya pleaded no contest to felony leaving the scene of an accident (Veh. Code, § 20001, subd. (a)). He was sentenced to two years in prison and ordered to pay direct victim restitution. His sole contention on appeal is that the restitution order must be reversed because his criminal conduct, leaving the scene of an accident, did not cause damages. Because his contention has been forfeited, we affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts1 On December 23, 2013, Amaya was driving a black Ford truck at the intersection of Burnet Avenue and Lanark Street when he collided with the victim, Dimitar Batchiyski, who was riding a bicycle. Amaya left the scene. Batchiyski suffered severe head trauma. On December 26, 2013, Batchiyski died from his injuries. On January 13, 2014, police officers received information from a witness that eventually led them to locate Amaya’s truck and trace it to him. Amaya admitted that he had been involved in the accident, and stated that a bicycle hit his truck while he was on his way to work. He knew that he made a mistake by not reporting the accident, but he wanted to get his windshield, which was damaged during the accident, fixed. He had returned to the accident site and saw paramedics treating someone. Several days after the accident, he had his windshield replaced. 2. Procedure Pursuant to a negotiated disposition, Amaya pleaded no contest to felony leaving the scene of an accident, Vehicle Code section 20001, subdivision (a). Defense counsel stipulated to a factual basis for the plea. The trial court sentenced Amaya to two years in prison. It imposed a restitution fine, a suspended parole revocation fine, a criminal conviction fee, and a court security fee.