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The People v. John Alan Carpenter

October 31, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOHN ALAN CARPENTER, DEFENDANT AND APPELLANT.



(Super. Ct. No. P08CRF0105)

The opinion of the court was delivered by: Nicholson , J.

P. v. Carpenter

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant John Alan Carpenter entered a negotiated plea of no contest to oral copulation of a child under the age of 14 years and more than 10 years younger than defendant (Pen. Code, § 288a, subd. (c)(1); undesignated section references are to this code; count I) in exchange for a stipulated upper term of eight years in state prison and the dismissal of the four remaining counts.

The court sentenced defendant to state prison for the stipulated term and granted the prosecutor's motion to dismiss the remaining counts.

Ten months later, after a contested hearing, the court ordered defendant to pay victim restitution in the amount of $25,211.03 to the victims' mother (Mother). The amount included non-economic losses of $18,000 for psychological harm defendant caused to the victims.

Defendant appeals from the victim restitution order.

Two months after defendant filed his notice of appeal, the court subsequently ordered defendant to pay an additional $1,258.03 to the California Victim Compensation and Government Claims Board (Board) to reimburse the Restitution Fund (Fund) for payments made on behalf of defendant's victims.

Defendant did not file a notice of appeal from this order.

Defendant challenges the original restitution order in various respects. He does not challenge the subsequent order of restitution. We find no error and affirm the original restitution order.

FACTS

The parties stipulated to a statement of facts which was not set forth when defendant entered his plea. Defendant entered a plea to orally copulating a female child (Jane Doe) who was under the age of 14 ...


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