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Name: People v. Duong
Case #: A124640
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/13/2010
Summary

An assault victim must receive restitution for medical costs incurred even where additional expenses were not charged to the victim by treating hospital. Duong was convicted of assault. The victim of the assault was treated at Kaiser hospital, and she was not liable to pay any additional amount for Kaiser’s services above her monthly membership for unlimited services. The trial court refused to require restitution for the cost of the Kaiser’s services which were not billed to the victim, and the prosecutor appealed. The appellate court vacated the restitution order and remanded for a new restitution order. The trial court erred in failing to include the amount that Kaiser would accept as full payment for the services rendered. Even though the victim was not obligated to pay an amount above her membership fees, charges were incurred on her behalf as a result of Duong’s criminal conduct. The court was required to order Duong to pay restitution for those charges.