RUGAMAS

Defendant Jose Rugamas pled no contest to brandishing a deadly weapon to avoid arrest, a felony (Pen. Code, § 417.8). Defendant contends the trial court improperly imposed $6,601.42 in restitution to the police department for medical bills incurred after an officer shot him with rubber bullets. We affirm.

Background

On August 23, 1998, defendant’s wife called police to report a domestic disturbance. When officers arrived, defendant was in his front yard, intoxicated and holding a machete. Defendant refused to drop the machete despite the officers’ repeated requests. Defendant paced back and forth, 10 to 30 feet from the officers, and told the police they would have to shoot him.

The officers were able to get defendant’s wife and children out of the house. Defendant continued to pace back and forth. Approximately 20 minutes after the officers arrived, defendant walked back toward the house. The officers warned defendant not to go inside, but defendant said he was going to. Concerned that there might be other people in the house or that defendant might have other weapons inside, and to avoid a barricade situation, one of the officers shot defendant five times with rubber…