Vasquez

People v. Vasquez

Good Law
119 Cal. Rptr. 3d 29·190 Cal. App. 4th 1126·2010 Cal. App. LEXIS 2082
Court of Appeal of CaliforniaDecember 13, 2010No. B218802California4,813 words

Opinion

Lead Opinion

Perluss, J.

As part of the resolution of a criminal case charging him with two felony counts of failure to control a mischievous animal that caused serious bodily injury (Pen. Code, § 399, subd. (b)), 1 Orlando Vasquez agreed to pay $168,633.20 in restitution to Heiddy G., a young girl who had been severely mauled by his pit bull. Vasquez subsequently moved to have the court declare his restitution obligation satisfied, contending a $300,000 payment to settle a civil suit against Vasquez and his landlord, funded by the landlord’s insurer through a homeowners policy that also insured Vasquez, is properly deemed restitution made directly from Vasquez within the meaning of section 1202.4 and constituted a full offset to the restitution award. The trial court denied the motion, observing its restitution order had expressly stated Heiddy was still receiving medical treatment and provided any additional losses she sustained could be recovered in a civil action. We affirm.

*1129 FACTUAL AND PROCEDURAL BACKGROUND

1. The Pit Bull Attack and Vasquez’s Plea Agreement

On June 9, 2006 Vasquez’s pit bull escaped from his residence on North Hagar Street in the City of San Fernando. (The property…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.