California Court of Appeal

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People v. Seymour, H040560

Victim restitution order following conviction by plea of one felony count of assault by means of force likely to produce great bodily injury, Pen. Code section 245(a)(1), as the result of domestic violence toward his girlfriend, is vacated where defendant's failure to fully pay victim restitution did not authorize the trial court to deny the relief otherwise mandated by section 1203.4(a), which provides for mandatory relief when a defendant has been "discharged [from probation] prior to the termination of the period of probation."

Appellate Information

  • Decided 08/31/2015
  • Published 08/31/2015

Judges

  • MARQUEZ

Court

  • California Court of Appeal

Counsel