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People v. Woods, A116399

An order requiring a defendant to pay restitution to the family of a murder victim even though he was convicted as an accessory after the fact only is reversed where: 1) defendant was not granted probation but sentenced to state prison, and thus the rationale in In re I.M., 125 Cal.App.4th 1195 (2005), and People v. Carbajal, 10 Cal.4th 1114 (1995), did not apply to this case; and 2) the defendant was not convicted of the murder, and a conviction is the predicate for ordering restitution under Penal Code section 1204.4.

Appellate Information

  • Decided 04/07/2008
  • Published 04/07/2008


  • SWAGER, J.


  • California Court of Appeal


  • For Appellees:
  • Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Martin S. Kaye, Supervising Deputy Attorney General, Christopher W. Grove, Deputy Attorney General, for Plaintiff and Respondent., Stephanie Clarke, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.
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