People v. Suade CA5

INTRODUCTION

Appellant David Suade pled no contest to one count of attempted murder, in exchange for dismissal of other counts and enhancements and an agreed upon five-year prison term. Suade challenges the trial court’s restitution order, contending the award was an abuse of discretion and he was denied due process because he was not present at the restitution hearing. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

On June 21, 2005, Suade, a Norteno gang member, approached a Sureno gang member on the street and stabbed him four times. Suade then left the scene. On September 21, 2005, Suade assaulted a student traveling home from school by first knocking the student to the ground and then kicking the student in the head multiple times. After the assault on the student, Suade left the scene. On April 19, 2006, Suade was charged with attempted murder (count 1) and assault by means of force like to produce great bodily injury (count 2) of victim 1; assault by means of force likely to produce great bodily injury (count 3) of victim 2; and active participation in a criminal street gang (count 4). With respect to counts 1 and 3, it also was alleged that Suade personally inflicted great…