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People v. Salas

California Court of Appeals, Fourth District, First Division

March 13, 2017

THE PEOPLE, Plaintiff and Respondent,
v.
STEVEN PAUL SALAS, Defendant and Appellant

          APPEAL from a judgment of the Superior Court of Imperial County, No. JCF35431, Christopher J. Plourd, Judge.

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[Copyrighted Material Omitted]

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          COUNSEL

         Jason L. Jones, under appointment by the Court of Appeal; and Steven Paul Salas, in pro. per., for Defendant and Appellant.

         Kamala D. Harris, Attorney General, and Kathryn Kirschbaum, Deputy Attorney General, for Plaintiff and Respondent.

         Opinion by Haller, J., with Huffman, Acting P. J., and Aaron, J., concurring.

          OPINION

          [214 Cal.Rptr.3d 886] HALLER, J.

          Steven Paul Salas pleaded no contest to domestic violence (Pen. Code, § 273.5, subd. (a))[1] 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 added.)

         On 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

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awarding victim restitution for residential security expenses.[2] Based on the statutory definition of a " violent felony," we agree and modify the judgment accordingly.

         FACTUAL AND PROCEDURAL BACKGROUND

         In 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.

         Salas 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 ...


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