People v. Perry CA1/5

BACKGROUND

In August 2020, appellant was charged with committing domestic violence upon his spouse (Pen. Code, § 273.5, subd. (a)),1 with an allegation that he inflicted great bodily injury (§ 12022.7, subd. (e)). In May 2021, appellant pled no contest to the domestic violence count in exchange for dismissal of the enhancement and a stipulated sentence. According to the parties’ stipulation at the plea hearing, appellant assaulted his spouse on July 12, 2020. In June 2021, the trial court suspended imposition of sentence and placed appellant on three years’ formal probation with various terms and conditions. The court ordered restitution and reserved jurisdiction to determine the amount of restitution. In July 2021, the People filed a motion to modify probation to order restitution of $4,166.06 to the Board for payments made to the victim for medical and/or dental expenses. At a September 2021 hearing, the court provided appellant with records he had subpoenaed from the Board, which had been redacted by the Board. After briefly reviewing the records, appellant’s counsel requested the court order appellant be provided with unredacted copies because with the redactions “there’s no…