People v. Moore

Opinion

SCOTLAND, P. J.

This case illustrates the emotional harm that is often suffered by victims of residential burglary, and the extent to which culprits can be ordered to compensate victims for economic loss resulting from such harm.

[1231]

Defendant Jason Lee Moore broke into a residence and stole items. One of the victims interrupted the burglary when she arrived home with her sons after picking them up from school. As defendant and his accomplice drove away, one of the sons noted the car’s license plate number, which led to defendant’s prosecution for residential burglary. A jury convicted defendant, and the trial court found he committed the crime while out on bail and had served two prior prison terms.

Defendant was sentenced to a term in state prison and was ordered to pay $11,840.22 in victim restitution pursuant to Penal Code section 1202.4, which requires that a criminal defendant make full restitution to crime victims for every economic loss suffered as a result of the defendant’s crime. (Further section references are to the Penal Code.) The restitution included lost wages of $6,250 for the 50 hours that one of the victims, a doctor, spent attending court proceedings, multiplied by $125 per hour, which the record shows was a conservative estimate of what the victim earned per hour.

On appeal, defendant contends the trial court erred in awarding the victim the full amount of his lost wages. In defendant’s view, this is not a compensable economic loss within the meaning of section 1202.4 because the victim was not a witness; he simply came to court on his own volition to watch the proceedings.

Disagreeing with defendant’s interpretation of section 1202.4, we shall affirm the judgment. As we will explain, even though the victim did not testify as a witness, the wages that he lost while attending court proceedings in the criminal prosecution of defendant constituted economic loss attributable to defendant’s misconduct.

DISCUSSION

“The standard of review of a restitution order is abuse of discretion. ‘A victim’s restitution right is to be broadly and liberally construed.’ [Citation.]