Runyan

Defendant, driving while intoxicated, killed another driver instantly in a freeway collision. The accident victim left no surviving family, dependents, or heirs. Defendant was convicted and sentenced to prison. In addition, pursuant to the statute requiring that persons convicted of felonies pay restitution to the crimes’ victims for their resulting economic loss, he was also ordered to pay substantial restitutionary amounts to the decedent’s estate. The award represented death-related loss in value of the decedent’s business and property, and probate, estate administration, and funeral expenses. The Court of Appeal affirmed the award.

We granted review to decide if and when one convicted of a felony is required by the California Constitution and statutes to pay restitution to the estate or personal representative of a victim of the crime who has died. As an initial matter, we agree with defendant that, for purposes of the mandatory restitution provisions, the estate is not itself a “direct victim” of a crime that caused the decedent’s death. Thus, mandatory restitution is not payable to the estate for economic loss the estate itself has sustained as a result of the…