Legal Opinion

People v. Sexton

California Court of Appeal

Decided March 15, 1995No. A064123PublishedCited by 16 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

PHELAN, J.

Defendant Hank Sexton appeals from a judgment of conviction after his guilty plea. He challenges the conditions of his grant of probation requiring restitution. We conclude that the court could properly order a restitution fine equaling the statutory minimum despite its finding that defendant lacked the ability to pay and, in the published portion of the opinion, that the court could not order restitution to a third party insurer whose only “injury” resulted from payments to the victim under a contract of insurance.

Background

On July 21, 1993, defendant pleaded guilty to…

2Cases cited15 opinions

  1. In Re EstradaCalifornia Supreme Court · 1965
  2. People v. ScottCalifornia Supreme Court · 1994
  3. People v. CrowCalifornia Supreme Court · 1993
  4. People v. FosterCalifornia Court of Appeal · 1993
  5. People v. ZitoCalifornia Court of Appeal · 1992

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. People v. BirkettCalifornia Supreme Court · 1999
  2. People v. MillardCalifornia Court of Appeal · 2009
  3. People v. BlackburnCalifornia Court of Appeal · 1999
  4. People v. OrtizCalifornia Court of Appeal · 1997
  5. People v. Brittany L.California Court of Appeal · 2002

11 more not listed; retrieve them via the Exa API.

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