People v. Scarbrough
Annotate this CaseDefendant, charged with seven counts of human trafficking, pleaded no contest to an orally amended count and agreed to a five-year prison term. She was released from custody on her own recognizance and was ordered to appear for sentencing two months later. Her "Cruz waiver" allowed the court to withdraw its approval of the plea if she willfully failed to appear for sentencing. Defendant did not report to pretrial services nor did she appear for sentencing. A bench warrant issued. Defendant was arrested in Virginia, extradited to California, and sentenced to eight years in prison. The court ordered Defendant to pay $9,363.92 restitution to Santa Clara County for the cost of her extradition. The court of appeal struck the restitution order as not authorized by Penal Code 1202.4, which addresses a crime victim’s right to restitution. A government agency comes within the statutory definition of a victim when it is a direct victim of a crime. Public agencies are not directly victimized merely because they spend money to investigate crimes or apprehend criminals. Restitution is for to losses from “the criminal activity that formed the basis of the conviction.” Defendant's extradition did not arise out of the conduct which formed the basis of her human trafficking conviction.
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