California Court of Appeal

Restitution award is reversed and remanded for recalculation, where: 1) it is an abuse of discretion not to account for the time value of money in determining a victim's economic loss based on a diminished or lost stream of future payments; and 2) the failure on defense counsel's part to raise the issue of the time value of money in this case was ineffective assistance of counsel, and no satisfactory explanation is available to excuse counsel's failure.

Appellate Information

• Decided 02/04/2013
• Published 02/04/2013

Judges

• BEDSWORTH

Court

• California Court of Appeal

Counsel