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Name: People v. Narro (2023) 95 Cal.App.5th 316
Case #: E079444
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/07/2023

Restitution to replace furniture that was undamaged but invoked painful memories of the victim’s molestation by defendant was authorized as nonecomonic damages under Penal Code section 1202.4(f)(3)(F). Defendant was convicted of numerous sexual offenses after molesting his two stepdaughters and their friend for a period of over 10 years. On appeal he argued the trial court erred by awarding $9,461.34 in restitution as noneconomic damages under section 1202.4(f)(3)(F) in order for a victim’s mother to replace the furniture where the molestations had occurred as the furniture invoked painful memories. Held: Affirmed. “With one exception, restitution orders are limited to the victim’s economic damages. The exception is for noneconomic losses, including, but not limited to, psychological harm, for felony violations of Section 288,” under section 1202.4(f)(3)(F). The victim here was entitled to noneconomic losses based on the psychological trauma suffered. That amount need not be tied to any specific damages, but rather the trial court, within its discretion, tries to determine the appropriate compensation for such pain and suffering. The victim “could have requested a much higher amount based on the years of sexual abuse suffered at the hands of defendant.” She “was entitled to noneconomic damages and could spend the money as she saw fit in order to help heal her emotional damage.” Thus, the trial court did not err by awarding the restitution.