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Name: People v. Rugamas
Case #: C035576
District 3 DCA
Opinion Date: 10/31/2001
Subsequent History: None

Defendant was convicted of brandishing a deadly weapon to avoid arrest (Pen. Code, sec. 417.8). He refused to put down a machete when ordered to do so, and when he began to enter his house despite an order not to do so, he was shot five times with rubber bullets. He was injured and the police department paid his resulting $6600 hospital bills. He was granted probation and ordered to pay the $6600 in restitution to the police department as a condition of probation under Penal Code section 1203.1. The appellate court held the order was proper as reasonably related to the crime and the police department was properly reimbursed for an out-of-pocket loss incurred because of appellant’s misconduct.