KEICHLER

People v. KEICHLER

Bad Law
129 Cal. App. 4th 1039·2005 Cal. App. LEXIS 862·2005 Daily Journal DAR 6165·29 Cal. Rptr. 3d 120·2005 Cal. Daily Op. Serv. 4517
Court of Appeal of CaliforniaMay 26, 2005C047014California2,765 words

Opinion

Opinion

Robie, J.

The issue in this is case is whether restitution to victims of a fight may include the cost of traditional Hmong healing ceremonies and herbal medicines.

Defendant Chad Wilson Keichler pled no contest to one count of violation of civil rights for uttering racial slurs during a fight with three men. After a hearing, the trial court awarded the victims restitution including $3,119 for expenses they incurred for traditional Hmong healing ceremonies and herbal medicines.

Defendant argues that the restitution statute does not provide a basis for the recovery of these expenses. Defendant also argues even if the law authorizes them, the trial court’s award is not supported by substantial evidence. Finding no error, we shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

According to the probation report, defendant got into a fight with the three victims, Xiong Xeng Moua, Nhia Vue, and Kenneth Lee. The three victims are members of the Hmong community. Defendant hit Moua several times and ultimately knocked him unconscious. Moua suffered a brain contusion with a significant concussion. Moua’s hospital bill totaled $3,254.75, of which Medi-Cal paid $1,920, leaving a balance due from…

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