Slattery

Defendant Tamari Jane Slattery pleaded no contest to one count of inflicting injury upon an elder adult, her dependent mother. (Pen. Code, § 368, subd. (b)(1).) The trial court sentenced defendant to state prison and ordered her to pay restitution to Marshall Hospital, which treated her mother for the injury. (§ 1202.4, subd. (f).) We conclude this restitution order must be stricken because the hospital is not a direct victim of the offense, as required by section 1202.4, subdivision (k)(2).

Background

On April 7, 2004, defendant made a 911 emergency call regarding the health of her disabled 73-year-old mother. Paramedics located the mother in very poor condition and transported her to Marshall Hospital. The hospital treated defendant’s mother until her death 10 days later. She left $876 in unpaid medical expenses.

The trial court sentenced defendant to the midterm of three years in state prison. The court also ordered defendant to pay $876 in restitution to Marshall Hospital pursuant to section 1202.4, subdivision (f).

Discussion

1. Defendant Did Not Forfeit Her Claim

The People contend that defendant has forfeited any claim on appeal regarding restitution because…