People v. Washburn

Opinion

REGAN, Acting P. J.

This case is before us on certification from the Yolo County Superior Court after a decision by its appellate department. We granted the transfer to this court for the purpose of determining whether an order of restitution of money imposed by a municipal court upon a convicted criminal defendant as a condition of

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probation is a “debt” dischargeable in bankruptcy. This is a question of law which to our knowledge has not heretofore been directly decided in this state.

The Appellate Department of the Superior Court of Yolo County rendered its opinion that there can be no discharge. The case was appealed to the appellate department of the superior court on a settled statement of fact, and is certified here on such facts, as follows:

“1. On May 21, 1977, defendant Donald Ray Washburn was involved in an automobile accident wherein the property of the State of California was damaged. The damage resulted from a negligent act of the defendant. The cost of repair was determined to be Two Hundred. Seventy and no/100 dollars ($270.00).

“2. On July 27, 1977, the defendant entered a guilty plea to a violation of California Vehicle Code section 23102 (a) [driving while intoxicated]. This charge arose from the aforesaid accident.

“3. On September 7, 1977, the Honorable Joseph A. Martin placed the defendant on formal probation for this offense. One of the conditions of probation was that Washburn pay restitution to the State of California in the amount of Two Hundred Seventy and no/100 ($270.00). Payment was to be made through the Yolo County Probation Department. Defendant made no objection to this or any other condition of probation.

“4. On January 20, 1978, the Court filed a Declaration in Support of Revocation of Probation, alleging that Washburn had failed to pay any part of [the restitution] and that he failed to complete a required educational course.

“5. On May 5, 1978, the defendant filed a petition in bankruptcy in the United States District Court for the District of Idaho, Bankruptcy No. 78-0520. Included in Schedule A-3 of the Bankruptcy Petition was the Department of Transportation and the Yolo County Probation Department.