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The People v. Michael Dale Woods Thompson

October 17, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MICHAEL DALE WOODS THOMPSON, DEFENDANT AND APPELLANT.



(Super. Ct. No. F4617)

The opinion of the court was delivered by: Hull , Acting P. J.

P. v. Thompson

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

An information accused defendant Michael Dale Woods Thompson of aggravated assault on a peace officer (Pen. Code, § 245, subd. (c); count I); assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count II); resisting a peace officer (Pen. Code, § 69; count III); unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a); count IV); in the alternative, receiving stolen property (Pen. Code, § 496, subd. (a); count V); and three prior prison terms (Pen. Code, § 667.5, subd. (b)). A jury convicted him on count four, acquitted him on alternative count five, and deadlocked on the remaining counts.

The prosecution filed an amended information that added, in count VI, a charge of misdemeanor resisting a peace officer. (Pen. Code, § 148, subd. (a).) Defendant pleaded no contest to count VI and admitted one prior prison term allegation. In exchange, counts I, II and III were dismissed. Defendant was sentenced to state prison for two years on count IV plus one year for the prior prison term. A concurrent county jail term of one year was imposed on count VI. The court imposed a $300 restitution fine (Pen. Code, § 1202.4), a $300 restitution fine suspended unless parole is revoked (Pen. Code, § 1202.45), a $60 court facilities assessment (Gov. Code, § 70373), and restitution to the owner of the stolen car in an amount to be determined (Pen. Code, § 1202.4, subd. (f); count IV). Defendant was awarded 346 days' custody credit and 346 days' conduct credit.

Defendant appealed to this court from the judgment and sentence. In an unpublished opinion, we rejected defendant's contention that the officers' conduct violated his Fourth Amendment rights. (People v. Thompson (Feb. 2, 2012, C065090).)

At a contested restitution hearing, defendant objected that imposing victim restitution following the jury deadlock would be unjust. The prosecutor understood defendant to further object that the costs incurred were not causally attributable to defendant's crime.

The trial court found that Detective Richard DiBasilio's injuries resulted from defendant's interference with DiBasilio's performance of his duties. The court ordered defendant to make restitution on count VI in the amount of $8,253.42 to the "CSAC Worker's Comp Primary Pool," which had provided medical treatment for the injuries DiBasilio had received while arresting defendant. (But see Pen. Code, § 1202.4, subd. (k) [insurer not defined as direct victim].) Defendant did not obtain a certificate of probable cause. The parties concur that a certificate is not required.

On appeal, defendant contends the restitution order was erroneous because (1) the plea, which contemplated restitution to the owner of the stolen car, did not also contemplate restitution for the detective's injuries, (2) defendant's conduct was not a proximate cause of the injuries, and (3) the trial court failed to apply principles of comparative liability in calculating the amount of the award. We shall remand for further proceedings.

FACTS AND PROCEEDINGS

On May 27, 2009, the Calaveras County Sheriff's Department searched John Palmer's property for stolen cars. At a briefing prior to the search, defendant and Jimmy Guadagnolo were mentioned as associates of Palmer. A white sports car, which had been reported stolen, was also discussed in connection with defendant and Palmer.

At Palmer's residence, deputies recovered a different stolen car but they did not find Palmer or the white car. However, on the way back to the station, Detective Alan Serpa spotted a white car matching the description of the car discussed at the briefing. Serpa radioed Detectives DiBasilio and Wade Whitney, alerting them that the white car was headed in their direction.

Detective DiBasilio saw the white car speeding toward him and driving on, or just left of, the double yellow line. As the car passed his sport utility vehicle (SUV), DiBasilio recognized the driver as defendant. DiBasilio and Detective Whitney turned their SUV around to pursue the white car, but they could not catch it. DiBasilio stopped and asked a man sitting by the side of the road if he had seen the white car, and the man said it had sped by. Further up the road, DiBasilio asked a service technician if he had seen the white car. The technician said no cars had passed in the last 15 minutes. Knowing that defendant was somewhere in the area, and that he was associated with Guadagnolo and Palmer, the detectives decided to check Guadagnolo's residence, which was only a half-mile away.

Upon arriving at Guadagnolo's residence, Detectives Whitney and DiBasilio found the white car parked at the end of the driveway. Defendant, who was looking under the car's hood, stood up and made eye contact with DiBasilio. DiBasilio yelled, "Sheriff's Department, stop." Defendant moved toward the car door. Defendant got into the driver's side of the car and a female companion got into the passenger side. DiBasilio again yelled at defendant to stop and grabbed onto the steering wheel through the open window in an effort to stop the car. While DiBasilio ...


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