Tischman

The issue in this case is whether a misdemeanor hit-and-run charge (which by statute involves property damage only) is subject to disposition by way of a civil compromise. We hold that it is and thus decline to follow two appellate department decisions to the contrary, People v. McWhinney (1988) 206 Cal.App.3d Supp. 8 [ 254 Cal.Rptr. 205 ] and People v. O’Rear (1963) 220 Cal.App.2d Supp. 927 [ 34 Cal.Rptr. 61 ].

Facts

David F. Tischman was charged with a violation of Vehicle Code section 20002, subdivision (a), misdemeanor hit and run. Tischman pled not guilty. On the date set for trial, Tischman moved to dismiss pursuant to Penal Code sections 1377 and 1378, explaining that he had reached a civil compromise with the victim by the payment of $2,500 for the victim’s property damage (there was no bodily injury). The municipal court heard the victim’s testimony (he was fully compensated, “satisfied,” and “just wanted the case to be dismissed”), noted there was no alcohol or other extenuating circumstance involved in this case and, over the People’s objection, dismissed the case on the ground full restitution had been made.

The People appealed to the appellate department…