Garcia
People v. Garcia
Opinion
Opinion
Hollenhorst, J.
Defendant Cesar Garcia appeals from a judgment entered following a no contest plea to a single count of felony false imprisonment by force (Pen. Code, § 236 ). In exchange for the plea, the court dismissed a rape charge (count 1) and another separate case (No. FVT801212). Defendant was sentenced to three years’ felony probation, with the offense reduced to a misdemeanor after one year if defendant did not violate probation. The trial court also ordered defendant to pay $5,264.71 in victim restitution as a condition of probation.
Defendant contends the trial court abused its discretion in ordering him to pay as restitution the victim’s counseling costs of $4,764.71, plus an additional $500, which the victim’s therapist charged the victim for appearing at the restitution hearing pursuant to defendant’s subpoena. Defendant asserts there was insufficient evidence supporting the restitution order. Defendant also contends the trial court erred in excluding testimony by the victim’s therapist and in failing to enforce defendant’s subpoena of the victim’s therapy records based on the psychotherapist-patient privilege (Evid. Code, § 1014).