P. v. Adams 1/19/07 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C050911

Case Date: 03/28/2007

Preview:Filed 1/19/07

P. v. Adams CA3

NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin)

THE PEOPLE, Plaintiff and Respondent, v. KENNETH JAMES ADAMS, Defendant and Appellant.

C050911 (Super. Ct. No. MF028072A)

The sole issue in this case is whether a victim restitution payment imposed by the court after defendant's guilty plea violated the terms of his plea bargain. certificate of probable cause. Defendant obtained a

We shall conclude defendant has

not demonstrated that the imposition of the victim restitution payment violated the terms of his plea bargain, a fact that distinguishes this case from the leading case of People v.

1

Walker (1991) 54 Cal.3d 1013 (Walker). affirm the judgment and sentence.

Accordingly, we shall

FACTUAL AND PROCEDURAL BACKGROUND Defendant was accused of stabbing Kathleen Tompkins with a 15-inch sword, puncturing her lung and liver, and piercing her arm with a "through and through wound." Her injuries required

surgery, and she was hospitalized for 12 days. After initially entering a not guilty plea to charges of attempted murder, and assault with a deadly weapon, defendant pleaded guilty to the charge of assault with a deadly weapon. (Pen. Code,

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