California v. SalasAnnotate this Case
Steven Salas pleaded no contest to domestic violence and the trial court sentenced him to three years in prison. The trial court also ordered Salas to pay victim restitution of $17,194.45, including $14,055.48 for security windows and an alarm system. Section 1202.4, subdivision (f)(3)(J) authorized sentencing courts to award restitution "to fully reimburse the victim . . . for every determined economic loss incurred as the result of the defendant's criminal conduct, including, but not limited to . . .[e]xpenses to install or increase residential security incurred related to a violent felony, as defined in subdivision (c) of Section 667.5, including, but not limited to, a home security device or system, or replacing or increasing the number of locks." On appeal, Salas argued that because he was not convicted of a "violent felony" as defined in section 667.5, subdivision (c), the trial court erred in awarding victim restitution for residential security expenses. Based on the statutory definition of a "violent felony," the Court of Appeal agreed and modified the judgment accordingly.