Flaherty

People v. Flaherty

Good Law
1990 Cal. App. LEXIS 968·223 Cal. App. 3d 1139·273 Cal. Rptr. 29
Court of Appeal of CaliforniaSeptember 12, 1990No. D009943California1,678 words

Opinion

Lead Opinion

Benke, J.

Appellant Colby Watson Flaherty was charged with 52 counts of various sex offenses stemming from repeated sexual abuse of Kristi C. between September 1986 and July 1988. He pled guilty to one count of child molestation (Pen. Code, § 288, subd. (a)), and six counts of inducing a minor to pose for photographs involving sexual conduct (Pen. Code, § 311.4, subd. (c)). It is significant for our purposes that four of the offenses to which appellant pled guilty occurred in 1986 and three occurred in 1987. Appellant was sentenced to the aggravated term of eight years’ imprisonment on the molestation charge and to consecutive eight-month terms on the remaining six counts for a total term of twelve years. In addition, he was ordered to pay a restitution fine of $500 pursuant to Government Code section 13967. Later, pursuant to Government Code section 13967, subdivision (c), a restitution hearing was held, and appellant was ordered to pay $10,000 directly to the victim. This amount covered $4,465 in medical care received and the balance covered anticipated medical care.

Appellant’s contentions are confined to the matter of restitution. He argues requiring direct restitution to the…

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