In re T.M.P. CA4/1

Good Law
Court of Appeal of CaliforniaOctober 3, 2024D083564California383 words

Opinion

Opinion

Irion, J.

DISCUSSION

The California Constitution requires every victim be compensated for losses incurred as a result of a defendant’s crime. (See Cal. Const., art. I, § 28, subd. (b)(13).) Absent “compelling and extraordinary reasons,” the court must order restitution “of a dollar amount sufficient to fully reimburse the victim or victims for all determined economic losses incurred as the result of

People v. Harvey (1979) 25 Cal.3d 754, 758. When ordering restitution, a court may consider crimes which were charged but later dismissed. (People v. Baumann (1985) 176 Cal.App.3d 67, 78.)

3 the minor’s conduct . . . , including . . . [f]ull or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible.” (Welf. & Inst. Code, § 730.6, subd. (h)(1).) “ ‘ “[T]he trial court is vested with broad discretion in setting the amount of restitution; it may ‘ “use any rational method of fixing the amount of restitution which is reasonably calculated to make the victim whole . . . . ” ’ [Citation.] . . . “In determining the amount of…

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