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Name: People v. Moore
Case #: C060618
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 09/23/2009
Summary

A victim is entitled to restitution for lost wages for time spent attending court proceedings. Under Penal Code section 1202.4, “a victim of crime who incurs any economic loss as a result of the commission of a crime shall receive restitution directly from any defendant convicted of that crime.” The statute is to be broadly and liberally construed. Here, the victim came home as appellant was driving away from the burglarized residence. Appellant was convicted of residential burglary and ordered to pay restitution, which included lost wages for the time the victim’s husband spent at fifty hours of court proceedings, not simply the two-day trial. The court upheld the award, finding that the lost wages constituted an economic loss resulting from appellant’s criminal conduct, and time at court need not be limited to any specific court proceeding. The court further noted that the award was not a result of opportunism on the part of the victim and, contrary to appellant’s claim, the victim had suffered psychological harm as a result of the offense.