Corners

The issue presented in this appeal is whether a defendant who is convicted of unlawfully leaving the scene of an injury-accident but acquitted of criminal wrongdoing for the accident itself may be ordered to pay restitution to the injured person. Defendant James Corners was charged with assault with a deadly weapon by use of an automobile and infliction of great bodily injury (Pen. Code, §§ 245, subd. (a)(1), 12022.7) and with unlawfully leaving the scene of an accident in which a person was injured (Veh. Code, §§ 20001, 20003). A jury found defendant guilty of the hit-and-run violation but acquitted him of the assault charges. The trial court placed defendant on five years probation and denied the People’s request to order the payment of restitution to the injured person. The People in this appeal challenge the court’s refusal to order the requested restitution. We conclude the court properly refused to order restitution and shall affirm.

Facts

On July 14, 1982, an altercation took place between defendant and Roger Cetina at a bowling alley. A third person, Rex Kleinert, became involved in the altercation. After some pushing and shoving defendant began driving away in…