Walker

Can a criminal defendant sentenced to prison for driving under the influence (DUI) causing injury, when multiple injuries arise out of a single incident, be ordered to pay restitution to victims injured in that incident who are not named in the charging document? The answer is yes, and we modify but affirm the judgment, and affirm the restitution order.

FACTUAL AND PROCEDURAL BACKGROUND

Rick Allen Walker (Defendant) drove his pickup truck the wrong way on State Route 14. He hit eight different vehicles, which were carrying a total of nine passengers. Defendant had consumed alcohol and methamphetamine.

The People charged Defendant with four counts of “DUI causing injury” (Veh. Code, § 23153, subd. (a)), and those counts named four of the nine people he hit. The People also specifically alleged that Defendant proximately caused injury to those four victims. (Veh. Code, § 23558.) Prior to the preliminary hearing, Defendant pied no contest to all four counts and admitted the special allegation. The trial court sentenced Defendant to six years in state prison, comprised of three years on count one and three consecutive years for the multiple injury enhancement. The court…