P. v. Baudoin
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Defendant appealed a restitution order imposed in connection with his conviction for battery with serious bodily injury. The trial court ordered Defendant to pay restitution to the victim, L.W., including for various expenses she incurred in relocating away from her home where the assault took place. Defendant argues the restitution order here violates section 1202.4(f)(3)(I) because there was no verification by law enforcement or a mental health treatment provider supporting the necessity of L.W.’s relocation costs.
The Second Appellate District agreed with Defendant and reversed the order of restitution insofar as it included relocation expenses. The court explained that relocating away from Defendant and relocating to prevent Defendant from finding the victim again are two ways of saying the same thing, section 1202.4(f)(3)(I) applies regardless of which descriptor is used. To read the first sentence of section 1202.4, subdivision (f) as permitting imposition of moving-related costs for relocating away from Defendant without giving force to the verification requirement set forth in section 1202.4(f)(3)(I) renders section 1202.4(f)(3)(I) surplusage and a nullity. Section 1202.4(f)(3)(I) is undoubtedly an example of expenses subject to restitution, but when the facts fit the example set forth in section 1202.4(f)(3)(I), compliance with its terms is required. The court reasoned that did not occur here, and thus the failure to comply with this statutory requirement mandates reversal.
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