People v. Maldonado CA4/1

Filed 5/31/23 P. v. Maldonado CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080418

Plaintiff and Respondent,

v. (Super. Ct. No. JCF003702)

VERONICA MALDONADO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Imperial County, Christopher J. Plourd, Judge. Affirmed as modified. Mi Kim, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson and Christine Y. Friedman, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1 Veronica Maldonado was granted probation after she pled no contest to two counts of hit and run driving resulting in injury (Veh. Code, § 20001, subd. (b)(1)) and death or serious injury to another person (Veh. Code, § 20001, subd. (b)(2)). As a condition of probation, she was ordered to pay a total of $1,190,328.77 in restitution to two of the victims she injured, Garcia and Sanchez, and the widow of the victim she killed, Rodriguez. She appeals certain aspects of the trial court’s restitution order. 1. Restitution to Garcia The trial court awarded Garcia a total of $415,363.36, including $398,798.44 for medical expenses and $9,363.63 for lost wages. Maldonado contends, and the People concede, the award for medical expenses should be reduced to $5,002.30 because the California Victim Compensation Board (CVCB) made payment to Garcia’s medical providers to satisfy the balance of her medical expense claims. (See Gov. Code, § 13957.2, subd. (a) [“A provider shall not charge a victim or derivative victim for any difference between the cost of a service provided to a victim or derivative victim and the [CVCB] program’s payment for that service.”].) The concession is proper and the restitution order shall be so modified. Regarding her lost wages, Garcia testified at the restitution hearing she missed six months of work as a nurse in Mexico; that she earns 1,030 pesos per day in Mexico and workers there get paid for seven days each week; and that she received 60 percent of her wages for the first three months she could not work. The court calculated Garcia’s lost wages, based on the