Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Sonoma County Super. Ct. No. MCR397211
Reardon, Acting P.J.
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, § 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 victim’s 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.
Section references are to the Penal Code.
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 appellant’s contention that since his probationary term had expired, the court’s 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.
We concur: Sepulveda, J., Rivera, J.