section 1202.4 implements the constitutional (California) · Go Syfert
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section 1202.4 implements the constitutional in California

8 California opinions name it 1 courts 2014–2024 5 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People v. Smithgreen
calctapp · 2011 · cited in 4 California opinions naming this issue, 2022–2024
2 sentences

2024(People v. Smith (2011) 198 Cal.App.4th 415, 431 .) Subdivision (a)(1) of section 1202.4 declares: “It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.” For purposes of the statute, “victim” is broadly defined and includes, inter alia, specified family members such as a child of a victim “who has sustained economic loss as the result of a crime.” (§ 1202.4, subd. (k)(3)(A) [“victim” also includes a parent, grandparent, and grandchild of a vict

2024Legal Principles Article I, section 28, subdivision (b)(13), of the California Constitution establishes that victims have a right “to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer” and that restitution shall be ordered from every convicted wrongdoer when a victim suffers a loss, “regardless of the sentence or disposition imposed.” Section 1202.4 implements this constitutional provision (People v. Smith (2011) 198 Cal.App.4th 415, 431 ), declaring: “It is the intent of the Legislature that a victim of crime who incurs an economic loss as a r

14
People v. Laigreen
calctapp · 2006 · cited in 2 California opinions naming this issue, 2014–2020
2 sentences

2020For this proposition, defendant primarily relies on three cases, People v. Woods (2008) 161 Cal.App.4th 1045, 1050-1055 (Woods), People v. Lai (2006) 138 Cal.App.4th 1227, 1247-1249 (Lai), and People v. Percelle (2005) 126 Cal.App.4th 164, 179-181 (Percelle).

2014(See People v. Lai (2006) 138 Cal.App.4th 1227, 1247-1249 ; People v. Percelle (2005) 126 Cal.App.4th 164, 179-181 .) Here, defendant was sentenced to prison.

12
People v. Percellegreen
calctapp · 2005 · cited in 2 California opinions naming this issue, 2014–2020
2 sentences

2020For this proposition, defendant primarily relies on three cases, People v. Woods (2008) 161 Cal.App.4th 1045, 1050-1055 (Woods), People v. Lai (2006) 138 Cal.App.4th 1227, 1247-1249 (Lai), and People v. Percelle (2005) 126 Cal.App.4th 164, 179-181 (Percelle).

2014(See People v. Lai (2006) 138 Cal.App.4th 1227, 1247-1249 ; People v. Percelle (2005) 126 Cal.App.4th 164, 179-181 .) Here, defendant was sentenced to prison.

12
People v. Woodsgreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020For this proposition, defendant primarily relies on three cases, People v. Woods (2008) 161 Cal.App.4th 1045, 1050-1055 (Woods), People v. Lai (2006) 138 Cal.App.4th 1227, 1247-1249 (Lai), and People v. Percelle (2005) 126 Cal.App.4th 164, 179-181 (Percelle).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
People v. Grandpierre green
calctapp · 2021
1 sentence

2024(People v. Smith (2011) 198 Cal.App.4th 415, 431 .) Subdivision (a)(1) of section 1202.4 declares: “It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.” For purposes of the statute, “victim” is broadly defined and includes, inter alia, specified family members such as a child of a victim “who has sustained economic loss as the result of a crime.” (§ 1202.4, subd. (k)(3)(A) [“victim” also includes a parent, grandparent, and grandchild of a vict

12024–2024
People v. Pinedo green
calctapp · 1998
1 sentence

2024(People v. Smith (2011) 198 Cal.App.4th 415, 431 .) Subdivision (a)(1) of section 1202.4 declares: “It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.” For purposes of the statute, “victim” is broadly defined and includes, inter alia, specified family members such as a child of a victim “who has sustained economic loss as the result of a crime.” (§ 1202.4, subd. (k)(3)(A) [“victim” also includes a parent, grandparent, and grandchild of a vict

12024–2024
People v. Weatherton green
calctapp · 2015
1 sentence

2024(People v. Smith (2011) 198 Cal.App.4th 415, 431 .) Subdivision (a)(1) of section 1202.4 declares: “It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.” For purposes of the statute, “victim” is broadly defined and includes, inter alia, specified family members such as a child of a victim “who has sustained economic loss as the result of a crime.” (§ 1202.4, subd. (k)(3)(A) [“victim” also includes a parent, grandparent, and grandchild of a vict

12024–2024
People v. Gemelli green
calctapp · 2008
1 sentence

2024(People v. Smith (2011) 198 Cal.App.4th 415, 431 .) Subdivision (a)(1) of section 1202.4 declares: “It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.” For purposes of the statute, “victim” is broadly defined and includes, inter alia, specified family members such as a child of a victim “who has sustained economic loss as the result of a crime.” (§ 1202.4, subd. (k)(3)(A) [“victim” also includes a parent, grandparent, and grandchild of a vict

12024–2024
In Re SS green
calctapp · 1995
1 sentence

2024(People v. Smith (2011) 198 Cal.App.4th 415, 431 .) Subdivision (a)(1) of section 1202.4 declares: “It is the intent of the Legislature that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime.” For purposes of the statute, “victim” is broadly defined and includes, inter alia, specified family members such as a child of a victim “who has sustained economic loss as the result of a crime.” (§ 1202.4, subd. (k)(3)(A) [“victim” also includes a parent, grandparent, and grandchild of a vict

12024–2024
People v. Brasure green
cal · 2008
1 sentence

2022I, § 28, subd. (b)(13)(B).) Section 1202.4, subdivision (f) implements this constitutional requirement, providing “for a direct restitution order ‘in every case in which a victim has suffered economic loss as a result of the defendant’s conduct.’ The order is to be for an amount ‘sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct.’ ” (People v. Brasure (2008) 42 Cal.4th 1037, 1074-1075 .) In accordance with this mandate, “[a] victim’s restitution right is to be broadly and liberally construed.” (Peop

12022–2022
People v. Mearns green
calctapp · 2002
1 sentence

2022I, § 28, subd. (b)(13)(B).) Section 1202.4, subdivision (f) implements this constitutional requirement, providing “for a direct restitution order ‘in every case in which a victim has suffered economic loss as a result of the defendant’s conduct.’ The order is to be for an amount ‘sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant’s criminal conduct.’ ” (People v. Brasure (2008) 42 Cal.4th 1037, 1074-1075 .) In accordance with this mandate, “[a] victim’s restitution right is to be broadly and liberally construed.” (Peop

12022–2022
The People v. Guillen green
calctapp · 2013
1 sentence

2015(Guillen, supra, 218 Cal.App.4th at p. 984 .) Article I, section 28, former subdivision (b) of the California Constitution provided that “[rjestitution shall be ordered from the convicted persons in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss, unless compelling and extraordinary reasons exist to the contrary. . . .” Section 1202.4, subdivision (f) implements this constitutional provision.

12015–2015

Statutes the citing opinions construe

CA § Cal. Penal Code § 1202.4 (8)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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