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People v. Arce

California Court of Appeals, First District, Fourth Division

May 28, 2014

THE PEOPLE, Plaintiff and Respondent,
v.
CHRISTIAN ARCE, Defendant and Appellant.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

Page 925

San Francisco County No. 214366 Superior Court, Honorable Philip Moscone

COUNSEL

Counsel for Appellant: Donn Ginoza, under appointment by the First District Appellate Project

Donn Ginoza, under appointment by the Court of Appeal, for Defendant and Appellant.

Page 926

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Catherine A. Rivlin and Allan Yannow, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HUMES, J.

Defendant Christian Arce pleaded guilty to assault with a firearm. He appeals from a postjudgment order requiring him to pay restitution to compensate the victim for economic losses.[1] He contends that the order must be reversed because (1) the People waived their ability to seek such restitution; (2) the portion of the order compensating the victim for future lost wages lacks a rational basis; and (3) his trial counsel was ineffective by not seeking a discount of that portion of the order to account for its present-day value. We reject these claims and affirm.

I. Factual and Procedural Background

In September 2009, Arce shot the victim in the hand after an argument outside a nightclub in San Francisco.[2] Arce fled, but he was soon apprehended. He was charged with felony counts of attempted murder and assault with a firearm and misdemeanor counts of unlawful possession of a loaded firearm and resisting, obstructing, or delaying a peace officer.[3] Several enhancements were also alleged. In connection with the attempted-murder charge, Arce was alleged to have personally and intentionally discharged a firearm. In connection with the assault charge, Arce was alleged to have personally inflicted great bodily injury and to have personally used a firearm.[4] Arce eventually pleaded guilty to assault with a firearm, and he admitted the

Page 927

allegation that he personally inflicted great bodily injury. The remaining charges and ...


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