People v. Cole CA4/1

FACTS

On December 3, 2007, at approximately 2:00 a.m., Cole sexually assaulted "Jane

Doe" outside her home in Pacific Beach. The assault was interrupted when Isaac Mendez

came out of a nearby home, after hearing screams, to see what was happening. Cole

pushed Mendez and began swinging a motorcycle helmet at him. Mendez tried to run,

but Cole chased him and struck him with the helmet.

II

DISCUSSION

A. Restitution for Cole's Forensic Examination

Cole contends that the court's $400 restitution award to the SDPD for the cost of

his forensic examination was not authorized because the SDPD was not a direct victim of

the crime and the restitution award was not otherwise authorized. The People concede

the point. We accept the concession.

The statute under which the court awarded the SDPD restitution for the cost of

Cole's forensic examination provides in relevant part: "[I]n every case in which a victim

has suffered economic loss as a result of the defendant's conduct, the court shall require

that the defendant make restitution to the victim or victims in an amount established by

court order, based on the amount of loss claimed by the victim or…