People v. Hamilton

Opinion

MOSK, J.

INTRODUCTION

This appeal concerns a victim restitution obligation under former Penal Code section 1202.4. The principal issues presented are whether either of the following may be offset against a criminal defendant’s victim restitution obligation: (1) payments to the victim by the victim’s insurance carrier; or (2) payments to the victim by the insurer of defendant’s mother to settle the victim’s civil action against the mother and defendant. We hold that neither payment may offset the defendant’s restitution obligation.

BACKGROUND

Respondent Eric Duane Hamilton (Hamilton) shot…