Dimacali

People v. Dimacali

Good Law
244 Cal. Rptr. 3d 268·32 Cal. App. 5th 822
Court of Appeal of CaliforniaFebruary 28, 2019D074680California7,585 words

Opinion

Lead Opinion

Rourke, J.

*270 *826 California law allows the civil compromise of certain offenses involving a person "injured by an act constituting a misdemeanor" who "has a remedy by a civil action" so long as the criminal defendant compensates the injured person and pays all costs incurred. ( Pen. Code, 1 §§ 1377, 1378 ; see People v. Gokcek (2006) 138 Cal.App.4th Supp. 8 , 11, 42 Cal.Rptr.3d 405 .) This appeal presents the question of whether a misdemeanor charge of leaving the scene of an accident causing only property damage in violation of Vehicle Code section 20002, subdivision (a) (commonly referred to as hit-and-run; see California v. Byers (1971) 402 U.S. 424 , 91 S.Ct. 1535 , 29 L.Ed.2d 9 ; People v. Carbajal (1995) 10 Cal.4th 1114 , 1118, 43 Cal.Rptr.2d 681 , 899 P.2d 67 ) is subject to disposition by such a civil compromise. The People contend such a violation cannot be compromised as a matter of law; that the damages must flow from the criminal conduct and People v. Martinez (2017) 2 Cal.5th 1093 , 218 Cal.Rptr.3d 140 , 394 P.3d 1066 ( Martinez ) confirms the crime is not the accident but the failure to stop and provide information, which cannot in any scenario cause the property damage…

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