People v. McClintock CA3

Filed 3/21/16 P. v. McClintock CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C077953

Plaintiff and Respondent, (Super. Ct. No. CM039376)

v.

ROBERT FRANK MCCLINTOCK,

Defendant and Appellant.

Defendant Robert Frank McClintock entered a negotiated plea of no contest to first degree murder (Pen. Code, § 187, subd. (a); undesignated section references are to this code; count 1) and attempted murder (§§ 664, 187, subd. (a); count 3) in exchange for an agreed-upon sentence in state prison and the dismissal of the remaining counts and allegations with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The court sentenced defendant to state prison and awarded victim restitution in the amount of $3,652.29 to Melissa Reyes (the daughter of the deceased victim), $5,973.50 to the Victim Compensation and Government Claims Board (Board), and reserved jurisdiction to determine restitution to the surviving victims (counts 2 & 3) and the deceased victim’s estate.

1

Defendant appeals. He contends the $5,973.50 award to the Board was an unauthorized sentence and must be stricken because there were no certified copies of bills together with a statement that the bills were paid by the Board. Defendant also contends no notice was given of any restitution owing to Reyes and claims that Reyes’s request, which included $3,000 for attorney fees, was unconscionable and the trial court abused its discretion in awarding the same. We affirm the judgment. FACTS A detailed recitation of the facts underlying defendant’s offenses is not required in view of the contentions raised on appeal. Suffice it to say that in the early morning hours on September 2, 2013, defendant entered the home where his brother Rodney McClintock was living with his girlfriend Nancy T. and her 12-year-old daughter Chloe T. Defendant proceeded first to the master bedroom where defendant shot his brother at least three times, wounding him, and Nancy one time in the chest, resulting in her death. Defendant then went to Chloe’s room and shot her twice in the left leg. Defendant was a transient and had been allowed to live in a camper on the property but had, apparently, outstayed his welcome and was about to be evicted. DISCUSSION I Defendant contends copies of bills and a statement were not provided establishing the Board paid $5,973.50 for certain services. Thus, he argues, the amount awarded was unauthorized. We reject defendant’s claim the award amounted to an unauthorized sentence and conclude his belated claim is forfeited. At sentencing, the court stated it had read the probation report plus all attachments. The court considered the Board’s request for reimbursement for monies paid out totaling $5,973.50. Monies were paid to Nancy’s daughter Melissa Reyes for funeral and burial expenses and to Reyes and Rodney McClintock for mental health counseling. According to the court, the Board submitted a written request for