People v. Runyan

California Court of Appeal Sep 24, 2010 No. B218863Published

Before: Bigelow

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Holding. The court held that the estate of a deceased victim is entitled to receive court-ordered restitution under Penal Code section 1202.4 when the defendant's criminal conduct caused the victim's death.

Issues

Whether the estate of a deceased victim qualifies as a 'direct victim' entitled to restitution under Penal Code section 1202.4.

Disposition. affirmed

Quotations verified verbatim against the opinion

“when a defendant's criminal conduct causes the death of the actual victim, the actual victim's estate is entitled to restitution under section 1202.4.”

“we will not construe it narrowly to exclude a gross vehicular manslaughter victim's estate from restitution where the vehicular manslaughter causes the victim's estate economic loss.”

188 Cal.App.4th 1010 (2010) 115 Cal. Rptr. 3d 865 THE PEOPLE, Plaintiff and Respondent,

PAUL DEAN RUNYAN, Defendant and Appellant.

No. B218863. Court of Appeals of California, Second District, Division Eight.

September 24, 2010. [1011] Jason Andrew Lieber, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Lauren E. Dana, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BIGELOW, P. J.

Paul Dean Runyan collided head on with Donald Benge's car while driving intoxicated on the wrong side of the freeway. As part of the judgment, Runyan was ordered to make restitution of $446,486 to Benge's estate. Runyan contends the restitution order was improper because Benge's estate is not a "direct victim" of crime. We affirm the judgment.

FACTS

At approximately 4:30 a.m. on April 6, 2007, Runyan attempted to drive home from a nightclub while intoxicated. In the course of his attempt to drive [1012] home, Runyan entered the 134 Freeway travelling in the wrong direction and continued in the wrong direction for approximately one and one-quarter miles. Several motorists called the police.

California Highway Patrol Sergeant Peter Recato and his partner were patrolling the 134 Freeway that morning. From approximately 700 feet away, Sergeant Recato saw Runyan's vehicle coming towards them as it travelled in the wrong direction. Sergeant Recato braked, pulled over to the right shoulder of the freeway, and successfully avoided a head-on collision with Runyan's vehicle. Donald Benge, who was driving his vehicle behind Sergeant Recato's patrol vehicle, was unable to avoid colliding with Runyan's vehicle. Tragically, Runyan's vehicle collided head on with Benge's vehicle, and Benge was killed. Runyan escaped with only minor injuries.

People v. Runyan

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OPINION

FACTS

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DISCUSSION

I. The Trial Court Properly Awarded Restitution to the Victim's Estate

DISPOSITION

NOTES

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