Supreme Court of California

In a conviction of defendant of murder of a driver while driving intoxicated, circuit court's decision ordering defendant to pay substantial restitutionary amounts to the decedent's estate is reversed as, the estate was not a "direct victim" of defendant's crime and thus was not entitled to restitution for its own expenses incurred as a result of the decedent's death. Further, while a decedent's personal representative is authorized to receive, on the decedent's behalf, restitution for economic losses the decedent personally incurred prior to death, there were no such personal, pre-death losses in this case, and as such, no portion of the award to the decedent's estate is authorized by the Victim's Bill of Rights or by section 1202.4.

Appellate Information

• Decided 07/16/2012
• Published 07/16/2012

Judges

• Baxter

Court

• Supreme Court of California

Counsel