Hamilton

INTRODUCTION

This appeal concerns a victim restitution obligation under former Penal Code section 1202.4. The principal issues presented are whether either of the following may be offset against a criminal defendant’s victim restitution obligation: (1) payments to the victim by the victim’s insurance carrier; or (2) payments to the victim by the insurer of defendant’s mother to settle the victim’s civil action against the mother and defendant. We hold that neither payment may offset the defendant’s restitution obligation.

BACKGROUND

Respondent Eric Duane Hamilton (Hamilton) shot and seriously injured Donald Hill (Hill) while Hill performed work for Hamilton and Hamilton’s mother, Lena Hamilton (Ms. Hamilton). Pursuant to a plea agreement, Hamilton pleaded no contest to assault with a firearm in violation of section 245, subdivision (a)(2). On November 4, 1996, the trial court sentenced Hamilton to eight years in prison, but suspended the sentence and placed him on probation for five years. The trial court imposed as a condition of Hamilton’s probation the payment of $15,000 in victim restitution. The trial court revoked and reinstated Hamilton’s probation on numerous…