People v. Arredondo CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

On October 13, 2011, defendant was driving under the influence of alcohol when he rear-ended the victim’s car. Defendant drove away from the scene of the accident. The victim sustained injuries and her vehicle was damaged. Later, defendant’s aunt’s insurance company paid a $15,000 settlement to the victim, releasing defendant and his aunt from all claims. Defendant pleaded no contest to one count of driving under the influence of alcohol and causing injury (Veh. Code, § 23153, subd. (a)) and to one count of committing a hit and run that resulted in injury or death (Veh. Code, § 20001, subds. (a) & (b)(1)). He also admitted an allegation that he proximately caused injury to another person (Veh. Code, § 23558). The trial court sentenced defendant to three years of formal probation and ordered him to serve eight months in jail. On September 26, 2014, the trial court held a formal restitution hearing. The prosecution submitted the probation report, which included a recommendation that restitution be set at $9,108.57. The report also included supporting documentation for that amount. Defendant submitted a copy of his aunt’s insurance policy and…