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Name: In re Anthony M.
Case #: C053576
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/07/2007

Restitution for medical expenses is properly based upon the amount actually paid, not the amount charged. The juvenile court ordered the minor to pay over a million dollars in victim restitution for medical expenses after he shot his friend in the head while playing with a loaded gun. The amount of medical expenses were determined based on the amount billed by the victim’s healthcare provider, even though Medi-Cal had only made a partial payment which was considerably less than the amount billed. On appeal, the minor contended that the juvenile court erred by ordering medical expenses based on the amount billed, rather than the amount actually paid. The appellate court agreed and reversed the order. The statute plainly does not authorize the imposition of restitution in excess of the amount sufficient to fully reimburse the victim for losses incurred.