People v. Williams

Opinion

GILBERT, J.

Jeffrey Alan Williams drove his pickup truck into Delores Rodarte’s car while he was being pursued by sheriff’s deputies. Rodarte’s insurance company partially compensated her for the cost of the injuries sustained in the incident. May the trial court order Williams to pay restitution to the insurer? We hold it may not.

Government Code section 13967, subdivision (c) provides that restitution be paid to the victim of the crime. An insurer does not become a victim because it compensated an insured person who is injured by criminal conduct. The trial court in this criminal proceeding was without jurisdiction to affix civil liability.

Facts

Williams entered a plea of nolo contendere to one count of robbery. Another count alleging bodily injury was dismissed with prejudice. When the plea was taken, Williams agreed that he might be ordered to pay restitution to the victim involved in the count that was dismissed.

The probation report recounted that Williams fled in his pickup truck after robbing a liquor store in Ventura. While being pursued by a sheriff’s vehicle, Williams collided with an automobile driven by Delores Rodarte. Rodarte was injured and incurred damages for medical care and car repairs. The probation report stated that Rodarte’s insurer, Allstate Insurance, paid Rodarte the sum of $1,416 for car repairs and for medical costs pursuant to her uninsured motorist coverage.

The trial court sentenced Williams to five years for the robbery offense, and then suspended criminal proceedings after finding that Williams was addicted to narcotics. Williams was remanded to the California Rehabilitation Center. The trial court also required Williams to pay a restitution fine of $334 to the State Restitution Fund (Pen. Code, § 1202.4), to pay to Rodarte restitution of $250 (the amount of the deductible on her collision insurance), and to pay Allstate Insurance the sum of $1,416.

[1523]

Williams appeals the portion of the order requiring him to pay restitution to Allstate Insurance on the grounds that the order is improper and exceeds the jurisdiction of the court.