Bergin

SUMMARY

The People appeal from an order requiring Michael John Bergin, as a condition of probation, to pay restitution to victim Jennifer Armstrong in the amount of $36,900.39 for medical expenses. The People contend the restitution amount should have been $138,667.03 (the amount billed by Armstrong’s medical providers) rather than $36,900.39 (the amount the medical providers accepted from Armstrong’s insurer as full payment for their services, plus the deductible paid by Armstrong). Finding no merit in the People’s contention, we affirm the restitution order.

FACTUAL AND PROCEDURAL BACKGROUND

Bergin was charged in a felony complaint with violations of the Vehicle Code in connection with an incident that occurred on July 16, 2004. Bergin was turning left at the comer of Fountain Avenue and Crescent Heights Boulevard in Los Angeles, and his car struck pedestrian Jennifer Armstrong. Armstrong suffered injuries, including a fractured left knee requiring two surgeries. On March 10, 2005, Bergin entered a plea of nolo contendere to a charge of driving with a blood-alcohol level of 0.08 percent or more and causing injury to another person. (Veh. Code, § 23153, subd. (b).) He…