California Court of Appeal

Denial of motion to modify victim restitution order imposed on defendant for conviction of driving under the influence of alcohol and causing great bodily injury, which occurred while defendant drove his employer's vehicle, is reversed where the order must be offset by money the victim received from the employer's insurer to settle a personal injury civil action the victim filed against defendant and the employer.

Appellate Information

• Decided 03/04/2008
• Published 03/04/2008

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Wells, Small & Selke;  Wells, Small, Fleharty & Weil and K. Thomas Smith, Jr., Redding, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Stephen G. Herndon and Alison Elle Aleman, Deputy Attorneys General, for Plaintiff and Respondent.