Hove

In this case, we apply the principles stated by our Supreme Court in People v. Birkett (1999) 21 Cal.4th 226 [ 87 Cal.Rptr.2d 205 , 980 P.2d 912 ] and conclude that the trial court did not err in ordering victim restitution in the full amount of the economic loss (in this case medical expenses) caused by defendant’s criminal conduct, even though the victim had no actual economic losses because the victim’s medical expenses were paid by Medicare and/or Medi-Cal benefits.

1. Facts

On May 18, 1996, defendant Scott Andrew Hove was driving his car on the wrong side of the road in the Chino Hills area when he struck Guadalupe Prieto. Mr. Prieto, then age 65, was transported to Loma Linda University Medical Center by helicopter. He was treated for substantial injuries and, at the time of the probation report, he was totally incapacitated in a vegetative state. His prognosis is poor and he will always require long-term care in a subacute nursing facility.

Defendant was given various field sobriety tests at the scene of the accident. Those tests indicated that he was under the influence of a controlled substance. Defendant subsequently gave a blood sample, which tested positive…