California Court of Appeals, Fourth District, First Division
from a judgment of the Superior Court of Imperial County, No.
JCF35431, Christopher J. Plourd, Judge.
[Copyrighted Material Omitted]
L. Jones, under appointment by the Court of Appeal; and
Steven Paul Salas, in pro. per., for Defendant and Appellant.
D. Harris, Attorney General, and Kathryn Kirschbaum, Deputy
Attorney General, for Plaintiff and Respondent.
by Haller, J., with Huffman, Acting P. J., and Aaron, J.,
Cal.Rptr.3d 886] HALLER, J.
Paul Salas pleaded no contest to domestic violence (Pen.
Code, § 273.5, subd. (a)) and the trial court
sentenced him to three years in prison. The trial court also
ordered Salas to pay victim restitution of $17,194.45,
including $14,055.48 for security windows and an alarm
system. Section 1202.4, subdivision (f)(3)(J) (hereinafter,
section 1202.4(f)(3)(J)) authorizes sentencing courts to
award restitution " to fully reimburse the victim ...
for every determined [214 Cal.Rptr.3d 887] economic loss
incurred as the result of the defendant's criminal
conduct, including, but not limited to ..., [¶ ] ...
[¶ ] (J) Expenses to install or increase residential
security incurred related to a violent felony, as
defined in subdivision (c) of Section 667.5, including, but
not limited to, a home security device or system, or
replacing or increasing the number of locks." (Italics
appeal, Salas contends that because he was not convicted of a
" violent felony" as defined in section 667.5,
subdivision (c), the trial court erred in
awarding victim restitution for residential security
expenses. Based on the statutory definition of a
" violent felony," we agree and modify the judgment
AND PROCEDURAL BACKGROUND
September 2015, Salas and his wife, Veronica, were drinking
beer in the garage of their home. Salas became angry with
Veronica, grabbed her throat, and bashed her head against the
floor. Veronica lost consciousness; suffered a cracked skull;
sustained multiple contusions and lacerations throughout her
body; and lost four to five pints of blood. She was treated
at a hospital, where she received seven staples in her head.
was subsequently charged with domestic violence (§
273.5, subd. (a); count 1) and false imprisonment by violence
(§ 236; count 2). The People initially alleged a great
bodily injury enhancement (§ 12022.7, subd. (e)) to
count 1, but eventually dismissed both that enhancement and
count 2. Salas pleaded no contest to count 1 (§ 273.5,
subd. (a)) and was sentenced to three years in prison.
Salas's plea did not include a Harvey waiver.
(See People v. Harvey (1979) 25 Cal.3d 754, 758 [159
Cal.Rptr. 696, 602 P.2d ...