P. v. Alvarado

Filed 1/23/07  P. v. Alvarado CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

            Defendant Luis Alvarado challenges an order directing him to make restitution to an insurance company for damage he caused to a car during an attempted flight from police.  On appeal he contends that such an award is barred under the holding of People v. Birkett (1999) 21 Cal.4th 226.  Respondent concedes that the order was unauthorized.  Accordingly, we will strike the challenged order, and will otherwise affirm the judgment.

Background

            The record does not unobjectionably establish the facts leading to defendant's prosecution, but the pertinent events are not in dispute.  It appears that on or after April  27, 2005, defendant contacted Guadalupe Sanchez 11 times while under an order restraining him from doing so.  On July 20, 2005, he took a cab to her house.  When police arrived, defendant caused the cab to ram a patrol car, then a parked car.  He ran from the scene, stole a car, and evaded police until he crashed.  On July 23, 2005, while in custody, he attempted to escape from a hospital where he was being treated for injuries resulting from the crash.

            Defendant was charged in two separate complaints with a variety of offenses including vandalism and hit-and-run driving with property damage.  Pursuant to a plea bargain, defendant entered pleas of no contest to several charges, including attempted carjacking and taking a car without the owner's consent.  The court sentenced defendant to state prison in accordance with the terms of the plea agreement.  Over defendant's objection, the court also ordered that he make restitution to Western United Insurance Company of $8,033.41.[1]  This sum was sought by that company for payments it had apparently made on a claim by an insured whose vehicle was damaged during defendant's flight from police.

Discussion

            Penal Code section 1202.4, subdivision (f), provides that â€