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People v. anderson

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eBook details

  • Title: People v. anderson
  • Author : Colorado Supreme Court
  • Release Date : January 22, 2010
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 70 KB

Description

Defendant was convicted of leaving the scene of an accident resulting in death, and was placed on felony probation pursuant to Penal Code section 1203.1. As a condition of probation, the court ordered defendant to pay restitution for the victims final hospital expenses. After the prosecutor represented that the deceased had no "financial ability" to pay those expenses, the court ordered that restitution be paid directly to the hospital. The sole issue before us is whether the order of direct payment to the hospital was statutorily unauthorized under section 1203.1. Defendant argues that section 1203.1 expressly requires trial courts to apply the definitions of "victim" contained in section 1202.4, the statute implementing the constitutional right to restitution. Defendant asserts the hospital was not a victim as defined in section 1202.4. Defendant is incorrect that the victim definitions of section 1202.4 are incorporated into section 1203.1. Under the particular and narrow circumstances of this case, the trial court did not abuse its discretion under section 1203.1 by ordering that restitution be paid directly to the hospital.


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