People v. Lopez CA1/1

BACKGROUND

Defendant pleaded guilty to stalking under Penal Code section 646.9, subdivision (b). At sentencing, the People presented a report documenting that the California Victim Compensation Board had paid the victim $5,913. Defendant had not seen the report previously and asked to address restitution at a future hearing. The trial court ordered defendant to pay $5,913, but set a hearing and retained jurisdiction, pursuant to Penal Code section 1202.4 and 1202.46, to consider adjustments and future restitution requests. In connection with the restitution hearing, the People sought an additional $8,417.11 in restitution, which included about $6,500 for mental health counseling

1 services. Preparing to challenge the amount spent on counseling services, the defendant served the victim with a subpoena. Defendant wanted to probe the nature, frequency, and fair market value of the counseling services the victim had received, and believed that redacted medical records did not sufficiently provide this information and that he should be permitted to question the victim. The People objected to having the victim “re- victimized” in court, and noted that the Victim Compensation Board had…