People v. Brindley CA1/4

BACKGROUND

In June 2018, Jimmy Lee Hogges was killed when the truck he was driving was struck by Brindley’s vehicle. In March 2019, Brindley was sentenced to eight years in state prison after he pled guilty to vehicular manslaughter while intoxicated (§ 191.5, subd (a)) and driving with a blood alcohol level of .08 percent or more and causing injury (Veh. Code, § 23153,

1 Undesignated statutory references are to the Penal Code. subd. (b)) and admitted a great bodily injury sentence enhancement under section 12022.7, subd. (a)). The plea form signed by Brindley acknowledges that the trial court is “required to order restitution to the victim(s)” and the court retained jurisdiction after sentencing to do so. In May 2019, Hogges’s two children settled a lawsuit against Brindley, signing a release of all claims against him in exchange for a $250,000 payment made by Brindley’s insurance carrier. The attorneys for Hogges’s daughter retained $33,750 in contingent attorney fees from her share of the payment as well as other costs. In November 2023, the probation department filed a request to set a restitution hearing. The request indicated that Hogges’s daughter was requesting…