People v. Pinedo

Opinion

COFFEE, J.

Appellant Alfredo Vidal Pinedo was ordered to pay direct victim restitution as a condition of his probation. The amount included

[1405]

attorney’s fees incurred by the victim to secure a civil settlement from appellant’s insurance carrier. Because appellant failed to demonstrate the amount of fees was unreasonable, we affirm.

Facts

Appellant was in a traffic collision while driving with a blood-alcohol level of .19 percent. His car spun out of control and hit a car driven by Jonathan Richards, who was injured as a result. Richards retained counsel and received a civil settlement of $22,000 for claims arising from the collision. The settlement was paid by appellant’s insurance carrier and compensated Richards for lost wages, medical bills, and property damage to his car. Of the settlement, $7,333 was paid to Richard’s attorney as a contingency fee.

Appellant pled no contest to one count of driving under the influence and causing injury. (Veh. Code, § 23153, subd. (a).) He was placed on probation and ordered to pay direct victim restitution to Richards under Penal Code former section 1202.4.

1

The restitution amount included $7,000 for the contingency fee paid to Richards’s attorney.

Discussion

The California Constitution provides, “It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to restitution from the persons convicted of the crimes for losses they suffer.” (Cal. Const., art. I, § 28, subd. (b).) Restitution has long been considered a valid condition of probation because of its rehabilitative value. (See

People

v.

Carbajal

(1995) 10 Cal.4th 1114, 1121 [43 Cal.Rptr.2d 681, 899 P.2d 67].) In felony cases where probation is granted, the court must order direct victim restitution in “every case in which a victim has suffered economic loss as a result of the defendant’s conduct.” (§ 1202.4, subd. (f);