Fulton

People v. Fulton

Good Law
109 Cal. App. 4th 876·135 Cal. Rptr. 2d 466·2003 Cal. App. LEXIS 856·2003 Daily Journal DAR 6422·2003 Cal. Daily Op. Serv. 5061
Court of Appeal of CaliforniaJune 12, 2003D036550California4,980 words

Opinion

Opinion

Haller, J.

Nathan K. Fulton pled guilty to driving while under the influence of alcohol, causing injury. The trial court granted Fulton probation and ordered him to pay the victim restitution, including $25,000 in attorney fees the victim incurred pursuing a personal injury action against Fulton for economic and noneconomic damages sustained as a result of Fulton’s criminal conduct. (Pen. Code, § 1202.4.)

Fulton’s sole appellate challenge concerns the restitution award. Fulton contends the amount of the attorney fees awarded was improper because a portion of that award reflected attorney services incurred to recover noneconomic damages. While we agree section 1202.4, subdivision (f)(3), allows restitution only for that portion of attorney fees attributable to the victim’s recovery of economic damages, we conclude the record supports that the $25,000 restitution award reflected attorney fees incurred to recover the victim’s economic damages and that this amount was reasonable. Accordingly, we affirm.

Factual and Procedural Background

In January 1999, Fulton was driving his car at a high rate of speed when he crossed over the center double-yellow line, causing a head-on collision…

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