Taylor

Penal Code section 1202.4, subdivision (f)(3)(H) authorizes restitution for “[a]ctual and reasonable attorney’s fees” incurred by the victim as a result of the defendant’s criminal conduct. This appeal addresses whether a court may order restitution for a contingency fee paid by the victim without first determining whether the fee was reasonable under the lodestar method for calculating attorney fees. In the published part of this opinion, we disagree with the decision of Division One of the Fourth District Court of Appeal in People v. Millard (2009) 175 Cal.App.4th 7 [ 95 Cal.Rptr.3d 751 ] (Millard), and conclude a trial court can award victim restitution for contingency fees without a lodestar analysis. In the unpublished portion, we conclude defendant was entitled to additional presentence conduct and custody credits.

BACKGROUND

On July 29, 2007, defendant Jackie Delbert Taylor crossed a double yellow line while trying to pass another vehicle, had a head-on collision, and fled the scene before emergency personnel arrived. Defendant’s victim, Kevin Bailey, sustained significant injuries to his arm and his car was totaled.

Defendant pled no contest to hit and ran…