Supreme Court of California

The Court of Appeal properly granted defendant's petition for a writ of mandate challenging an order that he pay the City of Lancaster over $3,800 in restitution for felony vandalism based on nine acts of defacement by graffiti, where: 1) the City had not passed an ordinance nor had it reviewed its "cost model" within the state statutory timeframe, and thus, the expanded restitution model enacted by the state Legislature cannot support the award here; 2) under the court's more general restitution authority under Welfare and Institutions Code section 730.6, the court's award was not based on sufficient evidence that the amount of claimed loss was a result of defendant's conduct; and 3) the award also included police investigation costs not usually recoverable under the more general restitution statutes.

Appellate Information

• Decided 06/19/2014
• Published 06/19/2014

Judges

• CORRIGAN

Court

• Supreme Court of California

Counsel