People v. Suade CA5
F072637
| Cal. Ct. App. | Aug 23, 2016Background
- In 2006 David Suade pled no contest to one count of attempted murder and received a stipulated five‑year term; other counts and enhancements were dismissed. He waived Harvey rights to challenge restitution.
- A $1,000 restitution fine was imposed at sentencing in 2006; a separate civil restitution claim was later pursued by the Victim Compensation Board.
- In 2015 the District Attorney moved to order Suade to reimburse the Board $10,455.34 for medical payments made from the Restitution Fund.
- A restitution hearing was held; defense counsel was present and the matter was continued to allow counsel to notify Suade. At the continued hearing counsel submitted and the trial court ordered $10,455.34 in restitution to the Board.
- Suade appealed, arguing (1) the People failed to present the specific documentary proof required under Penal Code §1202.4 and (2) he was denied due process because he was not personally present at the restitution hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of proof for restitution amount | People argued the Board’s itemized claims report established a prima facie case for $10,455.34 in medical reimbursement | Suade argued a specific kind of documentary evidence was required and was not provided | Forfeiture: Suade failed to object below; alternatively, Board report sufficed as prima facie evidence and court did not abuse discretion in awarding $10,455.34 |
| Presence at restitution hearing / due process | People argued post‑sentence restitution hearings require less process; notice and opportunity to challenge suffice | Suade argued he was denied due process because he was not personally present at the September hearing | Forfeiture: Suade did not raise the issue below; on the merits, notice via counsel and an opportunity to challenge met due process requirements |
Key Cases Cited
- People v. Sy, 223 Cal.App.4th 44 (prima facie showing for restitution can be made by claim or statement of loss)
- People v. Cain, 82 Cal.App.4th 81 (Victim Compensation Board claim reports are reliable official records)
- People v. Giordano, 42 Cal.4th 644 (standards for restitution hearings and deference to trial court exercise of discretion)
- People v. Anderson, 50 Cal.4th 19 (failure to object to restitution amount in trial court forfeits appellate review)
- People v. McKinnon, 52 Cal.4th 610 (forfeiture of due process claims not raised below)