California Court of Appeal

Reset A A Font size: Print

People v. Garcia, E048416

Trial court's restitution order following defendant's no contest plea to a single count of felony false imprisonment by force in exchange for dismissing a rape charge and another separate case is affirmed where: 1) the trial court appropriately allowed only a limited inquiry into the confidences of the psychotherapist-patient relationship, compelling disclosure of only those matters directly relevant to the issue of restitution for the victim's therapy costs; 2) by not requesting at the restitution hearing, enforcement of a subpoena duces tecum, defendant forfeited his objection on appeal; 3) there was sufficient evidence establishing that the doctor charged the victim $4,764.71 for therapy and that the victim was ultimately responsible for paying that amount; and 4) defendant's objection to the doctor's $500 witness fee is forfeited.

Appellate Information

  • Decided 06/23/2010
  • Published 06/23/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • John J. Lee, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Charles Ragland, Deputy Attorneys General, for Plaintiff and Respondent.
Copied to clipboard