People v. Munns CA2/4

INTRODUCTION

Defendant and appellant Matthew Munns pled no contest to assault. (Pen. Code1, § 245, subd. (a)(4).) The trial court sentenced him to probation for three years and ordered him to pay the victim $1,390 in restitution. On appeal, Munns contends only that the trial court erroneously determined the amount of the restitution award. We hold the trial court acted within its discretion in determining the restitution award. Accordingly, we affirm.

BACKGROUND

The Los Angeles County District Attorney filed an information charging Munns with battery with serious bodily injury and assault by means of force likely to produce great bodily injury. (§§ 243(d), 245(a)(4.) Pursuant to a plea agreement, Munns pled no contest to assault. (§ 245(a)(4).) The trial court imposed a suspended sentence and placed Munns on probation for three years. At the subsequent restitution hearing, the victim testified that Munns punched him and stole his cell phone. The parties stipulated the victim incurred $740 in medical costs as a result of the assault. The victim testified he went to T-Mobile to find the cost of a replacement cell phone. Because they no longer carried the same phone, the employees…