Cotter

The Case

A jury convicted defendant of attempted murder (Pen. Code, §§ 187, 664) and residential burglary (Pen. Code, §§ 459, 460) and found he personally used a firearm within the meaning of Penal Code section 12022.5, subdivision (a) and inflicted great bodily injury within the meaning of Penal Code section 12022.7. The court imposed a prison term of 15 years and 4 months and a restitution fine of $10,000, and ordered defendant to pay restitution to the victim in an undetermined amount. On appeal defendant raises two issues: one regarding the sufficiency of the evidence to sustain an attempted murder conviction, the other regarding the restitution orders.

I

Sufficiency of the Evidence

II

Restitution Orders

The Facts

As the result of gunshot wounds inflicted by defendant, the victim suffered injuries from which he remained incapacitated at the time of trial, more than a year after the crimes occurred. He could not return to work; he had undergone surgery on his left arm and had not yet regained full range of motion in that arm. He remained under the care of a physician.

In ordering restitution and apparently in reliance upon subdivisions (a) and (c) of Government…