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Name: People v. Giordano
Case #: E036325
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/15/2005
Subsequent History: Review granted 1/4/06
Summary

Appellant pleaded guilty to driving under the influence causing a death, in violation of Penal Code section 192(c)(3), and was sentenced to state prison and ordered to pay a restitution fine. The plea agreement specifically provided for no direct restitution to the victim. The victim’s wife then noticed a restitution hearing pursuant to section 1203.4 and the court ordered appellant to pay restitution in the amount of over $160,000. Appellant contended on appeal that the restitution order violated his plea agreement, and that a restitution order based on future earnings of a deceased spouse is not authorized by statute. The appellate court rejected the argument and affirmed the restitution order. Section 1202.4 provides for restitution which reimburses the victim for economic loss caused by the defendant’s conduct. Here, the deceased’s wife qualified as a victim and was harmed by the loss of income her husband would have earned. Further, the prosecution could not waive the wife’s right to be reimbursed through a plea agreement.