Subsequent history: Petition for review denied 12/11/2019 and remittitur issued.
Evans was sentenced to a state prison term of 55 years to life, and was ordered to pay nearly $4,000 in direct victim restitution (Pen. Code, § 1202.4, subd. (f)) to the California Victim Compensation Board (which had paid that amount to the victim). On appeal, Evans argued that the trial court should have considered his ability to pay restitution, citing Dueñas.
- A defendant’s ability to pay victim restitution is not a proper factor to consider in setting a direct victim restitution award under section 1202.4, subdivision (f).
- Based on the significant differences in purpose and effect between direct victim restitution and the fines, fees, and assessments at issue in Dueñas (including the restitution fine under Pen. Code, § 1202.4, subd. (b)), the court declined to extend the rule of Dueñas to direct victim restitution.