Bernal

This appeal involves restitution for a victim of criminal conduct. In the central holding, we decide that the payment to a victim by a defendant’s insurance carrier qualifies as a payment “directly from” that defendant, under Penal Code section 1202.4, subdivisions (a)(1) and (f)(2).

The People appeal from an order determining that respondent Rogelio Ayala Bemal had satisfied his restitution obligation to his victim, Tracy Russell. Appellant contends that (1) a release of liability given by Russell to respondent’s insurance company as part of a settlement did not release respondent from his restitution obligation, (2) the trial court erred in offsetting the settlement proceeds against respondent’s restitution obligation, and (3) the trial court abdicated its judicial function by deferring to the conclusion of the probation department that respondent’s restitution obligation had been satisfied.

We reverse and remand.

Factual and Procedural Background

Pursuant to a plea agreement, respondent was convicted of driving under the influence of alcohol (Veh. Code, § 23153, subd. (a)) and causing great bodily injury (Pen. Code § 12022.7, subd. (a)). In March of 2000, the trial…