Legal Opinion

People v. Bernal

California Court of Appeal

Decided August 13, 2002No. B154169PublishedCited by 61 opinions

1Opinion of the Court

Opinion

NOTT, J.

This appeal involves restitution for a victim of criminal conduct. In the central holding, we decide that the payment to a victim by a defendant’s insurance carrier qualifies as a payment “directly from” that defendant, under Penal Code section 1202.4, subdivisions (a)(1) and (f)(2).

The People appeal from an order determining that respondent Rogelio Ayala Bemal had satisfied his restitution obligation to his victim, Tracy Russell. Appellant contends that (1) a release of liability given by Russell to respondent’s insurance company as part of a settlement did not release…

2Cases cited14 opinions

  1. People v. CarbajalCalifornia Supreme Court · 1995
  2. People v. BirkettCalifornia Supreme Court · 1999
  3. Capelouto v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1972
  4. People v. CrowCalifornia Supreme Court · 1993
  5. Offer v. Superior CourtCalifornia Supreme Court · 1924

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

3Cited by61 opinions

  1. People v. MillardCalifornia Court of Appeal · 2009
  2. People v. BrownCalifornia Court of Appeal · 2007
  3. State v. LaycockUtah Supreme Court · 2009
  4. People v. RunyanCalifornia Supreme Court · 2012
  5. People v. JenningsCalifornia Court of Appeal · 2005

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

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