P. v. Devizcarra CA3

Filed 4/29/13 P. v. Devizcarra CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo)

THE PEOPLE, C070856

Plaintiff and Respondent, (Super. Ct. No. CRF 080006580) v.

JAIME FERNANDO DEVIZCARRA,

Defendant and Appellant.

Sentenced to state prison for committing assault by means of force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(1)), with an enhancement for personally inflicting great bodily injury (§ 12022.7, subd. (a)), and second degree burglary (§ 459), defendant Jaime Fernando Devizcarra contends only that the trial court abused its discretion in making its order of restitution to victim Edim Kurtovic. (§ 1202.4, subd. (f).) We disagree and shall affirm.

1 Undesignated section references are to the Penal Code.

1

FACTUAL AND PROCEDURAL BACKGROUND According to police reports, defendant and another person attempted to shoplift from the University of California, Davis bookstore. Kurtovic, a store security officer, stopped the two men outside the store. Defendant tried to flee, then returned and punched Kurtovic in the jaw. When the trial court imposed sentence on defendant, it reserved jurisdiction to determine victim restitution. The People moved for a restitution hearing, seeking an order of $4,930. In support, they attached a statement from Kurtovic dated December 7, 2009, which gave this amount as the total salary lost by himself and his wife from December 9, 2008, the date of defendant‟s crime.2 A statement from University of California, Davis Occupational Health Services indicated that defendant‟s assault fractured Kurtovic‟s mandible, requiring hospitalization for surgery. Kurtovic calculated his loss of salary from August 2009, when he began to receive 80 percent of his salary due to disability, through December 2009, as $480 per month (20 percent of his salary), for a total of $2,400. Kurtovic also stated that his salary loss began August 14, 2009, and was ongoing, but would increase to 30 percent as of February 12, 2010. The People also attached Kurtovic‟s earning statement from University of California, Davis, which showed his gross earnings as $3,311.71 per month and his net earnings as $2,403.29 per month. In a subsequent brief, the People amended their requested award to $12,991.31. The new amount claimed included $8,061.31 for lost vacation and sick time from December 2008.