Brown

Pursuant to a plea agreement, Marzell Brown was convicted of one felony count of assault with a deadly weapon, with a sentence enhancement for inflicting great bodily injury during the commission of the offense. (Pen. Code, §§ 245, subd. (a)(1), 12022.7, subd. (a).) On appeal, Brown claims the trial court violated the terms of her plea agreement by ordering her to pay over $34,000 in victim restitution for amounts paid by the California Victim Compensation and Government Claims Board (Victim Compensation Board) to the hospital that treated the assault victim. She seeks specific performance of her plea agreement and asks this court to limit the award of victim restitution to the victim’s out-of-pocket expenses of $280.

Brown is not entitled to specific performance of a plea limiting the amount of victim restitution. Nevertheless, Brown must be afforded the opportunity to withdraw her plea because the trial court imposed a punishment more severe than that specified in her plea agreement. (§ 1192.5.) If she chooses not to withdraw her plea, on remand the trial court must consider whether compelling and extraordinary reasons justify awarding less than full victim…