California, United States of America
The following excerpt is from People v. Martinez, 172 Cal.Rptr.3d 784 (Cal. App. 2014):
People v. Valdez, supra, 189 Cal.App.4th at pp. 85, 89, 116 Cal.Rptr.3d 670.) Thus, we hold that a court cannot order a defendant pay victim restitution when sentenced to prison for the effects of a collision, not exacerbated by his leaving, when the defendant is solely convicted of fleeing the scene and no factual predicate for the defendant's responsibility for the accident can be found in the record. ( People v. Escobar, supra, 235 Cal.App.3d at p. 1509, 1 Cal.Rptr.2d 579 ["Restitution is proper only to the extent that the victim's injuries are caused or exacerbated by the offender's leaving the scene."].)
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