California Court of Appeal

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People v. Gross, C076635

Defendant's appeal, contending that the dismissal of the criminal charges against him pursuant to former Welfare and Institutions Code section 3200 following his successful completion of a California Rehabilitation Center (CRC) commitment operated to release him from the obligation to pay restitution to the victims of his crimes because direct victim restitution "qualifies as a 'penalty and disability' pursuant to . . . section 1203.4, is denied and the trial court's judgment is affirmed where the obligation to make a victim whole through direct victim restitution is a constitutional mandate that serves to protect public safety and welfare, rather than to punish the defendant, and thus it is not a penalty or disability from which a defendant is released upon the dismissal of criminal charges pursuant to former section 3200 or section 1203.4.

Appellate Information

  • Decided 07/27/2015
  • Published 07/27/2015

Judges

  • ROBIE

Court

  • California Court of Appeal

Counsel