People v. Lara CA2/3

Filed 7/28/23 P. v. Lara CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).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 THREE

THE PEOPLE, B320246

Plaintiff and Respondent, Los Angeles County Super. Ct. No. SA100932 v.

KEVIN CHAVEZ LARA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lauren Weis Birnstein, Judge. Affirmed. Linda L. Gordon, 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, Assistant Attorney General, William H. Shin and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent. _______________________________________

INTRODUCTION Defendant Kevin Chavez Lara pled no contest to one count of vehicular manslaughter with gross negligence. The court placed Lara on summary probation and ordered him to pay restitution to the victim’s family. Lara contends the court erred when it included in the amount of victim restitution the attorney fees the victim’s family incurred in obtaining a settlement from Lara’s insurance provider. We affirm.

BACKGROUND

In 2019, Lara was driving a car when he hit a curb, drove over the sidewalk, and crashed into two power poles. Juan Carlos Lopez, a passenger in Lara’s car, was killed in the crash. Police found an empty bottle of vodka, a helium tank, balloons, and beer at the scene. Lara, who had been inhaling helium with Lopez before the incident, tested positive for cannabis. In 2021, Lara pled no contest to one count of vehicular manslaughter with gross negligence (Pen. Code,1 § 192, subd. (c)(1)). The court placed Lara on summary probation for one year and imposed various fines and fees, including $7,500 in restitution to the California Victim’s Compensation Board. In 2022, the court held a restitution hearing. The People presented the following information about the expenses incurred by Lopez’s family arising out of the underlying incident. The family paid $24,006.10 for funeral-related expenses, consisting of: $21,133 for a burial site and Lopez’s burial; $2,414.10 for a gravesite plaque and the plaque’s installation; and $448 for Lopez’s autopsy and a copy of the autopsy report. Lopez’s family obtained a civil settlement from Lara’s insurance policy for $25,000, which was deposited into a client