Skip to content
Name: People v. Koontzy
Case #: A167703
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 05/23/2024

Trial court erred in ordering victim restitution after defendant’s probation for violating VC 20001(a) had expired. The Court of Appeal notes it previously held (People v. McCune (2022) 81 Cal.App.5th 648, review granted Oct. 26, 2022, S276303) PC 1202.46 permits restitution order after probation expires when loss occurs “as a result of the commission of the crime” (PC 1202.4(a)(1)). Here, however, the loss was indisputably caused not by the defendant’s flight after the collision, but by the collision itself. Therefore, restitution was only authorized as condition of probation (PC 1203.1), and PC 1202.46 does not apply to PC 1203.1 restitution orders. [Editor’s Note: This is an opinion on rehearing.]

The full opinion is available on the court’s website here: