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Name: People v. Jennings
Case #: D043944
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/04/2005
Subsequent History: Rhrg. den. 4/26/05

Appellant appealed from a postjudgment order to modify restitution, because the trial court failed to apply the proceeds paid to his victim by his insurance carrier in a civil settlement against the amount of restitution ordered in his criminal case. The appellate court reversed the order, and remanded with directions to the trial court to modify the amount of appellant’s restitution obligation. Only the portion of the civil settlement which covered medical expenses may be used to offset the amount appellant was obligated to pay for restitution, as the restitution order obligated appellant to pay for the victim’s medical expenses.