People v. Ranger CA2/2

BACKGROUND

In 2012, a jury convicted defendant of assault with a deadly weapon and found that defendant personally inflicted great bodily injury upon the victim, which caused the victim to become comatose due to brain injury and to suffer paralysis. After the trial court sentenced defendant to eight years in prison and ordered defendant to pay victim restitution, we affirmed the judgment.1 After several continuances and the substitution of defense counsel, the restitution hearing was held on September 24, 2013.2 The People did not file a written motion, the victim did not testify, and the only evidence presented was a bill from Huntington Hospital for $176,254.46 and an explanation of benefits from Health Net Insurance Company. Also included were spreadsheets summarizing hospital, physician, and prescription charges. However, there was no testimony or other evidence indicating whether the hospital accepted the insurance payment as payment in full or how much the victim actually paid out of pocket. The trial court heard the argument of counsel. The prosecutor represented that the insurance company had paid a portion of the hospital bill, and that $176,254.46 was not unreasonable…