California Court of Appeals, Second District, Second Division
[As modified Dec. 11, 2014.]
APPEAL from a judgment of the Superior Court of Los Angeles County No. PA077278. Michael J. O’Gara, Judge.
[Copyrighted Material Omitted]
Jolene Larimore, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Zee Rodriguez and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.
Can a criminal defendant sentenced to prison for driving under the influence (DUI) causing injury, when multiple injuries arise out of a single incident, be ordered to pay restitution to victims injured in that incident who are not named in the charging document? The answer is yes, and we modify but affirm the judgment, and affirm the restitution order.
FACTUAL AND PROCEDURAL BACKGROUND
Rick Allen Walker (Defendant) drove his pick-up truck the wrong way on the 14 Freeway. He hit eight different vehicles, which were carrying a total of nine passengers. Defendant had consumed alcohol and methamphetamine.
The People charged Defendant with four counts of DUI causing injury (Veh. Code, § 23153, subd. (a)), and those counts named four of the nine people he hit. The People also specifically alleged that Defendant proximately caused injury to those four victims. (Veh. Code, § 23558.) Prior to the preliminary hearing, Defendant pled no contest to all four counts and admitted the special allegation. The trial court sentenced Defendant to six years in state prison, comprised of three years on count one and ...