People v. Solorzano CA3

BACKGROUND

In April 2018, while driving with a blood-alcohol concentration of 0.38 percent, defendant was involved in two car accidents. She pleaded no contest to driving under the influence of alcohol and causing injury (Veh. Code, § 23153, subd. (a)) and admitted an enhancement allegation (id., § 23578). She also pleaded no contest to misdemeanor child endangerment (Pen. Code, § 273a).1 The trial court dismissed the remaining charges with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. On September 10, 2019, the trial court suspended imposition of sentence and placed defendant on four years of formal probation. As relevant here, the court ordered defendant to pay the minimum restitution fine (with a subsequent reduction for custody time), reduced the penalty assessment from $2,100 to $1,209, and imposed several fees. Defendant did not appeal from her sentencing. L. Garcia was the driver of one of the vehicles defendant damaged. At the sentencing hearing, the trial court ordered $205 in victim restitution to Garcia and reserved jurisdiction over restitution. In August 2020, the matter was calendared for a further restitution hearing; the People represented that the…