California Court of Appeal

In a first degree murder case, victim restitution award in the amount of $9,567.82 to victim's parents for lost wages, mileage, and parking fees incurred while attending the trial is affirmed where: 1) the constitutional mandate for restitution is implemented through Penal Code section 1202.4, which provides that a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant conviction of the crime; and 2) victim's parents were themselves victims of defendant's criminal conduct because they suffered the trauma inherent in the murder of their son and suffered lost wages and other expenses related to their attendance at defendant's murder trial.

Appellate Information

• Decided 08/15/2008
• Published 08/15/2008

Judges

• RAYE, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Charles A. French, Supervising Deputy Attorney General, and Jeffrey A. White, Deputy Attorney General, for Plaintiff and Respondent., Stephen M. Hinkle, under appointment by the Court of Appeal, Oceanside, for Defendant and Appellant.