APPEAL from a judgment of the Superior Court of Yolo County, David Rosenberg, Judge. Affirmed. (Super. Ct. No. CRF07454)
The opinion of the court was delivered by: Murray , J.
CERTIFIED FOR PARTIAL PUBLICATION*fn1
Defendant Ronald Jean Snow pled no contest to false imprisonment (Pen. Code, §§ 236 & 237, subd. (a))*fn2 pursuant to a plea agreement. Thereafter, he was placed on probation. After a restitution hearing, defendant was ordered to pay victim restitution totaling $44,994.85, plus interest, for missed work, medical bills, and increased security costs incurred by the victim as a result of defendant's conduct.
On appeal, defendant contends the amount of the restitution order is not supported by substantial evidence. Defendant further contends the trial court violated the Harvey rule*fn3 by ordering him to pay restitution to the victim for a dental bill, the cause of which was an uncharged assault defendant perpetrated on the victim.
In the unpublished portion of this opinion, we conclude that the trial court did not abuse its discretion by awarding the victim restitution for loss of work and medical bills associated with an injury to her left eye sustained as a result of defendant's actions in a count that was dismissed as part of his plea bargain.
In the published portion of this opinion, we conclude that imposing restitution for the victim's dental bill did not violate the Harvey rule and the restitution order was a valid condition of probation that is both reasonably related to the offense to which defendant pled and effectively serves the purpose of deterring future criminality.
Accordingly, we affirm the trial court's judgment.
FACTUAL AND PROCEDURAL BACKGROUND*fn4
Defendant and the victim, Sandra Cunningham, lived together from January 2005 to January 2007. During that time, there were several incidents of domestic violence resulting in injury, including multiple head injuries and injuries to her left and right eyes.
In January 2005, defendant struck the victim in the head and face with his fist, injuring her left eye. According to the victim, the eye was "pushed out" of the socket as a result of the force and it caused a "blister." Outpatient surgery was later required.
In November 2005, defendant and the victim were traveling on Interstate 5 to Southern California in a car driven by the victim when defendant struck the victim in the jaw several times with his fist. As a result of the assault, a crown came off one of the victim's teeth. A dentist later replaced the crown. This incident occurred a few hours south of Yolo County.
In October 2006, the victim was driving defendant home the day after he had surgery. Defendant was not happy with the victim's driving, so he grabbed the steering wheel, moved the car to the curb, and pushed the victim out of the car. Defendant drove off and the victim walked home. Once she was home, defendant yelled at the victim and hit her in the head with his open hands. As the victim tried to protect herself, defendant punched her in the face, scratching the cornea of her right eye and causing it to "pop out" of the socket. Initially, defendant refused to take the victim to the hospital. He later agreed but told the victim he would kill her if she told anyone what happened. Scared, the victim told the doctor she accidentally had been hit in the eye with a bungee cord.
On January 22, 2007, defendant threw the victim into a chair, choked her with his hands, banged her head into the chair while holding her neck, and struck her. He then threw the victim to the floor and continued to choke her. During this episode, defendant repeatedly threatened to kill the victim.
On February 3, 2009, pursuant to a negotiated agreement, defendant pled no contest to false imprisonment (count five of the information), charged as having occurred during the January 22, 2007 incident. In exchange, a number of charges and allegations were dismissed.*fn5 Under the agreement, defendant was to be granted probation, not sentenced to state prison at the outset, and serve a cap of 120 days in the county jail. As we will ...