People v. Evans
Annotate this CaseDefendant was convicted of sodomy of a child 10 years old or younger (Pen. Code, 288.7(a))1 and two counts of sexual penetration of a child 10 years old or younger (288.7(b)). Defendant had admitted to both his and the police that he had committed lewd acts. He was sentenced to a prison term of 55 years to life. The District Attorney later filed a restitution motion seeking $$3,999.07 already paid by the California Victim Compensation Board to the minors: $1,463.75 for relocation expenses, $972 for each in mental health services, and $741.32 for home security. Defendant was represented by counsel but was not personally present. Although defense counsel argued that Defendant’s incarceration rendered the home security expenses superfluous, the court awarded the full $3,999.07, payable to the California Victim Compensation Board. The court of appeal affirmed, rejecting arguments that the order must be reversed because Defendant was not present at the restitution hearing; the trial court misunderstood the scope of its discretion; and there was no showing of his ability to pay the restitution. Defendant’s ability to pay is not relevant in fixing the amount of victim restitution.
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