Lafantasie

Wayne R. Lafantasie pled guilty to unlawfully leaving the scene of an injury accident (Veh. Code, § 20001) in return for a local time commitment. On appeal from the ensuing judgment, he seeks to overturn conditions of probation that he pay restitution to a seriously injured accident victim of at least $200 per month during his 5-year period of probation and that he serve 120 days in short-term work furlough. We strike the condition of probation requiring the payment of restitution as an improper attempt to determine civil liability in a criminal forum. We affirm in all other respects.

Facts

About 2 a.m. January 6, 1985, Diane Mulligan and Larry Gipe began to jaywalk across the 1000 block of University Avenue in San Diego toward the Sears lot where they had parked their car. Wayne Lafantasie, driving eastbound on University in the curb lane, swerved into the fast lane to avoid other pedestrians and there struck Diane and Larry severely injuring Diane. Lafantasie left the scene without stopping to identify himself or render aid. He was arrested at his home a week later following an anonymous tip.

Diane remained in the hospital at the time of Lafantasie’s sentencing. A…