P. v. Moran
Filed 1/9/09 P. v. Moran CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
THE PEOPLE, Plaintiff and Respondent, v. ROBERT CUEVAS MORAN, JR., Defendant and Appellant. | A121519 (Sonoma County Super. Ct. No. MCR397211) |
Pursuant to a negotiated disposition, appellant Robert Cuevas Moran, Jr. pled no contest to assault by means of force likely to produce great bodily injury. (Pen. Code,[1] 245, subd. (a)(1).) The indicated sentence was three years probation, and appellant was specifically advised that he would have to pay full restitution to the victim. The victims jaw was fractured when punched in the jaw by appellant during a fight at a baseball game between rival local teams. Appellant was admitted to probation consistent with the negotiated plea.
On April 30, 2008, the trial court ordered appellant to pay victim restitution in the amount of $29,604.50 to the Victim Compensation Board. The court rejected appellants contention that since his probationary term had expired, the courts restitution order was invalid.
Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. This court has conducted the requested review and concludes that there are no arguable issues that would result in a more favorable outcome for appellant.
Appellant was represented throughout the proceedings by counsel. His no contest plea was validly entered. He received the sentence that was indicated. The order setting the amount of victim restitution was validly entered because section 1202.4 specifically provides that [a]ny portion of a restitution order that remains unsatisfied after a defendant is no longer on probation shall continue to be enforceable by a victim pursuant to Section 1214 until the obligation is satisfied. ( 1202.4, subd. (m).) Section 1214, subdivision (b) provides that the restitution order is fully enforceable as a civil judgment.
Judgment affirmed.
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Reardon, Acting P.J.
We concur:
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Sepulveda, J.
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Rivera, J.
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