California Court of Appeal

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People v. Busser, D055088

Trial court's order requiring defendant to pay restitution to his insurance carrier for the repair costs arising out of an accident, after he pleaded guilty to misdemeanor hit and run and presenting a materially false statement to his insurance company, is reversed as, based on the rule first stated in People v. Crow, 6 Cal. 4th 952 (1993), the repair costs insurer would have been obligated to pay if defendant had not presented a materially false statement are not losses resulting from the criminal offense under section 1202.4 because they are not attributable to defendant's criminal misrepresentation.

Appellate Information

  • Submitted 07/29/2010
  • Decided 07/20/2010
  • Published 07/29/2010

Judges

  • HUFFMAN

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • <a href="https://lawyers.findlaw.com/profile/view/1096932_1">Henry C. Coker</a>, Edmund G. Brown, Jr