California Court of Appeal

In a prosecution of defendant for failure to control a mischievous animal that caused serious bodily injury, trial court's denial of defendant's motion to have his restitution obligation to a young girl who had been severely mauled by defendant's pit bull satisfied, is affirmed where: 1) the cases construing section 1202.4 and the effect of a crime victim's acceptance of a civil settlement on the defendant's obligation to satisfy a restitution order have all concluded a civil settlement/waiver of liability by the victim do not preclude or necessarily satisfy a properly entered restitution order; and 2) the trial court's ruling that defendant failed to establish his entitlement to an offset is supported by substantial evidence and falls well within the court's ample discretion in this case.

Appellate Information

• Decided 12/13/2010
• Published 12/13/2010

Judges

• PERLUSS

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Christopher Blake, Edmund G. Brown, Jr.