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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.
| Case | Followed | Cited |
|---|---|---|
People v. Smithgreen2 sentences2024(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 | 1 | 4 |
People v. Laigreen2 sentences2020For 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. | 1 | 2 |
People v. Percellegreen2 sentences2020For 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. | 1 | 2 |
People v. Woodsgreen1 sentence2020For 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Grandpierre
green
1 sentence2024(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 | 1 | 2024–2024 |
People v. Pinedo
green
1 sentence2024(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 | 1 | 2024–2024 |
People v. Weatherton
green
1 sentence2024(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 | 1 | 2024–2024 |
People v. Gemelli
green
1 sentence2024(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 | 1 | 2024–2024 |
In Re SS
green
1 sentence2024(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 | 1 | 2024–2024 |
People v. Brasure
green
1 sentence2022I, § 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 | 1 | 2022–2022 |
People v. Mearns
green
1 sentence2022I, § 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 | 1 | 2022–2022 |
The People v. Guillen
green
1 sentence2015(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. | 1 | 2015–2015 |
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.