Smalling

*5 Defendant and respondent Sherri Smalling was cited for permitting a dog controlled or owned by her to cause injury or death to a service dog in violation of Penal Code, section 600.2, subdivision (a). 1 The offense is an infraction.

On the day of her arraignment, defendant appeared without counsel and entered a plea of no contest. She was fined $ 157. The trial court denied the service dog owner's request for victim restitution, stating: "[T]his is an infraction, you're not going to have a restitution hearing, you can sue civilly ... if this was filed as [a] misdemeanor or felony, there is going to be [a] restitution hearing, but since this is [an]

*924 infraction, you're not going to be able to obtain a restitution hearing." 2 ( Sic .)

The People contend the trial court erred in so ruling and that the victim is entitled to a restitution hearing. There is merit to the People's position. The victim of an infraction, like the victim of a felony or misdemeanor, is entitled to restitution for the loss suffered as a consequence of the criminal act. The order denying restitution is reversed, and the matter is remanded for the trial court to conduct a hearing to determine the…