Grundfor
People v. Grundfor
Opinion
Lead Opinion
Tangeman, J.
*24 The California Constitution mandates the payment of victim restitution "in every case" resulting in economic loss, "regardless of the sentence or disposition imposed." ( Cal. Const., art. I, § 28, *25 subd. (b)(13)(B).) Courts are often called upon to impose this mandate after a defendant is convicted of driving under the influence of alcohol causing injuries, thereby compelling the injured parties to seek legal assistance to help them recover damages. The fees associated with such legal assistance are recoverable (see Pen. Code, 1 § 1202.4, subd. (f)(3)(H) ), and a trial court has broad discretion when determining how to calculate them. So long as the calculation rationally reflects the victim's actual and reasonable attorney fees, we will not disturb it on appeal.
Drew Barrett Grundfor appeals from the restitution order imposed after he pled no contest to driving under the influence and injuring another person ( Veh. Code, § 23153, subd. (b) ), and admitted allegations that he had a blood-alcohol content in excess of 0.20 percent ( Veh. Code, § 23556, subd. (b)(4) ), injured more than one person ( Veh. Code, § 23558 ), and suffered a prior *589 conviction for driving under…