Valdez

Direct victim restitution is mandatory in all cases in which the victim has suffered economic loss as a result of the defendant’s criminal conduct and the defendant is denied probation. (Gov. Code, § 13967, subd. (c).) The defendant in this case, Juan Valdez, was convicted of robbery upon his plea of guilty and was denied probation. He was ordered to pay a restitution fíne, but direct restitution to the victim was not ordered despite evidence of economic loss. The question we address is whether the trial court erred when it failed to order victim restitution in compliance with section 13967, subdivision (c).

Background

The circumstances of the offense are undisputed. The victim, Argentina Ruiz,, was entering a store when appellant approached her from behind and grabbed her purse. After a momentary struggle, Mrs. Ruiz lost her grip and appellant made off with the purse which contained $800 and seizure medication. The purse subsequently was recovered, but only $110 was returned to Mrs. Ruiz.

Appellant waived his right to a preliminary hearing and entered a plea of guilty to the crime of robbery pursuant to a plea agreement in which other charges were dismissed. He was…