Escobar

—The issue in this appeal is whether conviction of violating Vehicle Code section 20001, commonly referred to as “hit and run,” may justify a restitution order requiring the defendant to pay for the injury caused by the underlying accident. As we shall explain, we conclude that conviction of such offense alone is legally insufficient to support such an order.

Facts

Appellant Jose Ayala Escobar was accused of violating Vehicle Code section 20001 (leaving the scene of an accident involving injury without fulfilling the requirements of sections 20003 and 20004), section 31 (giving false information to a peace officer), and section 12500 (driving without a license).

Appellant pled guilty to violating section 20001, the “hit-and-run” offense of leaving the scene of an accident involving injury. At sentencing, the trial court dismissed the remaining misdemeanor counts, suspended imposition of sentence, and granted four years of felony probation. As a condition of probation the court revoked appellant’s driver’s license for two years and ordered appellant to serve ninety days in county jail. The court further ordered appellant to pay restitution to the victims of the accident…