People v. Carbajal

I dissent.

The majority conclude that when a defendant is convicted of violating Vehicle Code section 20002, subdivision (a) (hereafter section 20002), the trial court may impose restitution as a condition of probation even though the offense itself—leaving the scene of an accident—did not result in any property damage or injury. I dissent because, in my view, requiring such a defendant to pay civil damages for the underlying accident, which involved no criminal wrongdoing, serves no demonstrable rehabilitative or deterrent purpose. Instead, under these circumstances the majority would have…