California Court of Appeal

Following a conviction of a defendant for second degree murder in connection with a motorcycle crash that killed a nine-year-old girl and injured her father, trial court's conclusion that defendant's death, while his appeal was pending, did not abate victim restitution ordered pursuant to Penal Code section 1020.4(f) is reversed and remanded, as the trial court was required to abate all proceedings, including the victim restitution order, in accordance with this court's abatement order, because a victim restitution order requires a conviction for a crime that caused the victim's loss and defendant's death pending appeal unquestionably abated his underlying convictions.

Appellate Information

• Decided 08/29/2012
• Published 08/29/2012

Judges

Court

• California Court of Appeal

Counsel