People v. Duran CA2/6

Filed 2/16/21 P. v. Duran CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B303084 (Super. Ct. No. 2016043592) Plaintiff and Respondent, (Ventura County)

v.

JASMINE CHERIE DURAN,

Defendant and Appellant.

Jasmine Cherie Duran appeals a post-judgment order following conviction of fleeing the scene of a vehicle accident causing permanent, serious injury. (Veh. Code, § 20001, subd. (b)(2).) We affirm the victim restitution order imposed at a separate hearing following sentencing. (Pen. Code, § 1202.4, subd. (f)(3).)1 This appeal concerns restitution for economic losses for the tragic and profound injuries suffered by Linda O’Connor when

All further statutory references are to the Penal Code 1

unless stated otherwise.

Duran struck her as she rode her bicycle on a public street. Duran then fled the scene and attempted to conceal her vehicle. At sentencing, the trial court ordered Duran to pay victim restitution to O’Connor and members of her family. The court later determined these amounts during a contested hearing that concerned the applicability of People v. Martinez (2017) 2 Cal.5th 1093, 1098, 1103 (Martinez), to the direct restitution amounts. Duran now challenges this order and asserts that the court abused its discretion because restitution may concern only the losses resulting from her flight from the scene. (Ibid.) We reject her contentions and affirm. FACTUAL AND PROCEDURAL HISTORY The Ventura County District Attorney charged Duran with one count of driving while under the influence of a drug, causing injury (count 1); and one count of fleeing the scene of an accident, causing permanent, serious injury (count 2). (Veh. Code, §§ 23153, subd. (f), 20001, subd. (b)(2).) The prosecutor also alleged that concerning count 1, Duran personally inflicted great bodily injury, causing a coma or permanent paralysis. (§ 12022.7, subd. (b).) Prior to trial, Duran stipulated to the elements of count 1, with the exception of the element of being under the influence at the time of the accident. She also admitted the great bodily injury allegation regarding count 1. In addition, Duran stipulated concerning count 2, “The accident I caused resulted in permanent, serious injury to someone else.” Duran acknowledged in writing that she discussed “the direct and indirect consequences of the . . . stipulations and admissions with my attorney, and [she] understand[s] and accept[s] those consequences . . . .”