People v. Munns CA2/4

Filed 10/21/21 P. v. Munns CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B308969

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA482599 v.

MATTHEW MUNNS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Jolene Larimore, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Wyatt E. Bloomfield and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant and appellant Matthew Munns pled no contest to assault. (Pen. Code1, § 245, subd. (a)(4).) The trial court sentenced him to probation for three years and ordered him to pay the victim $1,390 in restitution. On appeal, Munns contends only that the trial court erroneously determined the amount of the restitution award. We hold the trial court acted within its discretion in determining the restitution award. Accordingly, we affirm. BACKGROUND The Los Angeles County District Attorney filed an information charging Munns with battery with serious bodily injury and assault by means of force likely to produce great bodily injury. (§§ 243(d), 245(a)(4.) Pursuant to a plea agreement, Munns pled no contest to assault. (§ 245(a)(4).) The trial court imposed a suspended sentence and placed Munns on probation for three years. At the subsequent restitution hearing, the victim testified that Munns punched him and stole his cell phone. The parties stipulated the victim incurred $740 in medical costs as a result of the assault. The victim testified he went to T-Mobile to find the cost of a replacement cell phone. Because they no longer carried the same phone, the employees instructed the victim to look for a replacement on eBay. The victim testified eBay was the only place he could find a comparable phone and testified the cost was $650. Munns’ attorney cross-examined the victim, but her only questions related to whether the phone was an S or SE model. On