P. v. Allman
A jury convicted defendant Aaron Ray Allman of misdemeanor battery (Pen. Code, 242) as a lesser included offense of battery with great bodily injury ( 243, subd. (d)). The court suspended imposition of sentence, placed defendant on three years probation, and ordered him to serve 120 days in county jail, pending a further hearing on imposition of victim restitution as a condition of probation. Defendant appeals the restitution order, asserting: 1) his acquittal on the principal offense of battery causing serious bodily injury ( 243, subd. (d)) estopped the court from imposing restitution; 2) imposition of restitution violated his jury trial and due process rights; 3) the court was not authorized to impose restitution for losses incurred by the victims wife; and 4) ordering restitution for physical therapy costs not billed to the victim or his insurance was an abuse of discretion. Court shall affirm the order.
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