RUBICS

Marty Lewis Rubies pleaded guilty to one count of felony hit and run under Vehicle Code section 20001, subdivision (a), and an allegation under section 20001, subdivision (b)(2), that the accident resulted in death. The court sentenced Rubies to a term of three years in prison and ordered him to pay $44,414 in funeral expenses as direct restitution to the victim’s family.

On appeal Rubies asserts that the court erred in ordering restitution because restitution is limited to losses incurred as a result of the commission of the crime, and the economic loss to the victim’s family was caused by the accident, not his criminal conduct in leaving the scene of the accident. Rubies also contends that even if restitution were permissible, there is insufficient evidence that he caused the accident and the victim’s resulting death. We conclude that because an element of the crime of felony hit and run under section 20001, subdivisions (a) and (b)(2) is a defendant’s involvement in an accident resulting in the injury or death of another, restitution is proper in such a situation because the loss was incurred as a result of the commission of the crime. We also hold that substantial…