People v. Silva CA3

DISCUSSION

1. Victim Restitution

Defendant contends the trial court erred in awarding victim restitution in the amount of $1,200. According to defendant, the trial court’s restitution order granted an improper windfall to the hostel because he did not damage the hostel’s security system.

The California Constitution provides that crime victims have a right to restitution when they suffer losses as a result of criminal activity. (Cal. Const., art. I, § 28, subd. (b)(13); see People v. Giordano (2007) 42 Cal.4th 644, 652 (Giordano).) This constitutional mandate is implemented by section 1202.4. (See Giordano, at p. 656.) It provides, in relevant part, “in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full…