People v. Cue CA4/3

Good Law
Court of Appeal of CaliforniaDecember 6, 2021G058610California2,761 words

Opinion

Opinion

INTRODUCTION

Defendant Charevan J. C. Cue pleaded guilty to leaving the scene of an injury accident in violation of Vehicle Code section 20001, subdivision (a) (section 20001(a)), “commonly known as ‘hit and run’” (People v. Martinez (2017) 2 Cal.5th 1093, 1097 (Martinez). The trial court suspended imposition of sentence and placed defendant on three years’ formal probation on terms and conditions that included that he pay restitution to the victims in an amount to be determined by the court at a later date. After an evidentiary hearing, the trial court ordered defendant to pay restitution in the amount of $47,500 to one of the victims involved in the accident. Relying on Martinez, supra, 2 Cal.5th 1093, defendant argues that, under Penal Code section 1202.4, the trial court was only authorized to order restitution for those injuries that were caused or exacerbated by defendant’s criminal flight from the scene, and was not otherwise authorized to award restitution for injuries resulting from the collision in which the victim suffered injuries. We affirm. Under Penal Code section 1202.4, as interpreted by Martinez, supra, 2 Cal.5th at page 1098, if a defendant convicted of…

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