Sexton

Defendant Hank Sexton appeals from a judgment of conviction after his guilty plea. He challenges the conditions of his grant of probation requiring restitution. We conclude that the court could properly order a restitution fine equaling the statutory minimum despite its finding that defendant lacked the ability to pay and, in the published portion of the opinion, that the court could not order restitution to a third party insurer whose only “injury” resulted from payments to the victim under a contract of insurance.

Background

On July 21, 1993, defendant pleaded guilty to charges of auto theft (Veh. Code, § 10851) and failure to appear (Pen. Code, § 1320, subd. (b)). The court admonished defendant that as a result of the plea he could “be liable for up to a $10,000 fine and restitution if it’s appropriate.”

The probation officer reported that the charges arose on April 9, 1993, when deputies saw a speeding 1987 Toyota Camry with a burned-out taillight. They stopped the vehicle. Its two occupants attempted to flee. One of them, defendant, was apprehended. He admitted stealing the car in Oregon. He failed to appear for a preliminary hearing on May 27, and a bench warrant…