How has the court treated restitution as a condition of probation in a hit-and-run case?

California, United States of America


The following excerpt is from People v. Carbajal, 10 Cal.4th 1114, 43 Cal.Rptr.2d 681, 899 P.2d 67 (Cal. 1995):

5 On July 19, 1993, the court revoked defendant's probation for a subsequent offense. On August 9, 1993, after defendant admitted violating probation, the court reinstated probation and continued the same terms and conditions as before. Defendant's probation has since expired, rendering this appeal technically moot. However, we choose to exercise our discretion to address the validity of restitution as a condition of probation for hit-and-run cases because, although "technically moot" in defendant's case, the issue presents a "potentially recurring question of public importance." (Butt v. State of California (1992) 4 Cal.4th 668, 677, fn. 7, 15 Cal.Rptr.2d 480, 842 P.2d 1240.)

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