People v. Martinez
People v. Martinez
Opinion
**1067 *1097 After defendant Dennis Terry Martinez pleaded guilty to leaving the scene of an injury accident in violation of Vehicle Code section 20001, subdivision (a) (Vehicle Code section 20001(a), commonly known as "hit and run"), the trial court sentenced him to three years in state prison. The trial court further ordered him to pay $425,654.63 to the victim as restitution for injuries suffered as a result of the accident. Defendant contends, and the Court of Appeal agreed, that the trial court erred in fixing the amount of restitution. We agree as well.
Where, as here, a criminal defendant is convicted and sentenced to state prison, section 1202.4 of the Penal Code (section 1202.4 ) provides that the defendant must pay restitution directly to the victim for losses incurred "as a result of the commission of a crime." (§ 1202.4, subd. (a)(1) ; see
*1098
People v. Giordano
(2007)
I.
Defendant was driving his pickup truck during the early evening of April 26, 2012, when he was involved in a collision with a 12-year-old boy riding on a scooter. Defendant stopped his truck and checked on the boy, who had been seriously injured in the accident. The victim's mother rushed to the scene. When she arrived, defendant returned to his truck. Defendant later told police that he waited there until he saw the boy loaded into an ambulance, then drove off. At the time of the accident, defendant was unlicensed and on felony probation. He told officers that he left the scene because he was afraid that he had violated his probation by driving without a license.
**1068 The victim sustained multiple facial fractures and a fractured clavicle and was diagnosed with a traumatic brain injury. He was hospitalized in intensive care for nine days before being transferred to a rehabilitation center.
Police ultimately identified the vehicle involved in the accident and traced the vehicle to defendant, at which point defendant came forward. In an interview with police, defendant admitted to his involvement in the accident and that he left the *143 scene. Defendant reported that he was not intoxicated at the time of the accident; he stated that he had used medical grade marijuana at 8:00 a.m. on the day of the accident but that its effects had worn off by 11:00 a.m., approximately seven and a half hours before the accident. Defendant apologized and told officers that he understood he had committed a crime by fleeing the scene.
Defendant was charged with one felony count of leaving the scene of an injury accident. (Veh. Code, § 20001(a).) He pleaded guilty and the trial court sentenced him to a three-year term of imprisonment with 192 days of credit *1099 for time served and good conduct. The parties stipulated that the felony complaint and police report would provide a factual basis for the plea. At the sentencing hearing, the victim's mother stated that her son had collided with the truck and that the collision was an accident. Defendant reported that the victim hit defendant's vehicle when the victim failed to stop on his scooter. The trial court made no findings concerning defendant's responsibility for the accident.
Several months after sentencing, the trial court considered whether defendant could be ordered to pay restitution for the medical costs that the victim incurred as a result of the accident. The trial court answered that question in the affirmative, relying on
People v. Rubics
(2006)
The Court of Appeal reversed the restitution order. It concluded that the trial court erred because " '[t]he gravamen of a section 20001 offense ... is not the initial injury of the victim, but leaving the scene without presenting identification or rendering aid.' " (Quoting
People v. Escobar
(1991)
We granted review to resolve the conflict about whether, in imposing a sentence for a violation of Vehicle Code section 20001(a), a trial court may order direct restitution for injuries the victim suffered as a result of the underlying accidental collision.
*1100 II.
A.
Under California law, "[c]onvicted criminals may be required to pay one or more
*144
of three types of restitution." (
Giordano
,
supra
, 42 Cal.4th at p. 651,
This case concerns an order of direct victim restitution. Under the California Constitution, as amended in 1982 by Proposition 8 (commonly known as The Victims' Bill of Rights), every crime victim has a right to be compensated by the defendant for losses incurred as a result of the defendant's crime. (Cal. Const., art. I, § 28, subd. (b)(13).) At the time Proposition 8 was passed, "victims had some access to compensation through the Restitution Fund, and trial courts had discretion to impose restitution as a condition of probation." (
Giordano
,
supra
, 42 Cal.4th at p. 652,
The Legislature's response, currently codified in section 1202.4, similarly declares that it is the Legislature's intent "that a victim of crime who incurs an economic loss as a result of the commission of a crime shall receive restitution directly from a defendant convicted of that crime." (§ 1202.4, subd. (a)(1).)
1
To that end, section 1202.4 provides that, with certain exceptions not relevant here, "in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims." (
Id.
,
*1101
subd. (f).) The statute further provides that the court's restitution order shall, "[t]o the extent possible ... fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct." (
Id.
, subd. (f)(3).) This provision, as the Courts of Appeal have uniformly held, and as the People agree, authorizes trial courts to order direct victim restitution for those losses incurred as a result of the crime of which the defendant was convicted. (See, e.g.,
People v. Lai
(2006)
In this respect, the restitution power conferred by section 1202.4 stands in
*145
contrast to a court's power to order restitution as a condition of probation. As we explained in
People v. Carbajal
(1995)
In
Carbajal
, we concluded that a trial court does not abuse its discretion in a hit-and-run case by conditioning the defendant's probation on the payment of restitution to the owner of property damaged in the underlying accident. Such a condition, we explained, "can be reasonably related to the offense underlying the conviction and can serve the purposes of rehabilitating the offender and deterring future criminality." (
Carbajal
,
supra
, 10 Cal.4th at p. 1119,
B.
Section 20001(a) of the Vehicle Code provides: "The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004." Vehicle Code sections 20003 and 20004, in turn, require the driver to stop and provide identification and render aid to the victim, as well as to report the accident to authorities if there is no police officer present. Failure *146 to comply with these requirements is a criminal offense. (Veh. Code, § 20001, subd. (b)(1) & (2).)
As courts have repeatedly observed, although the Vehicle Code section 20001(a) offense is commonly referred to as a "hit and run," the term is something of a misnomer; the offense is "more accurately described as fleeing the scene of an injury accident." (
Valdez
,
supra
, 189 Cal.App.4th at p. 84,
Under Vehicle Code section 20001(a), "[t]he occurrence of an injury accident is a condition precedent" to the imposition of a duty to stop, provide identification, and render aid-"but [it] is not an element of the crime" in the
*1103
sense that it constitutes part of the conduct forbidden by the statute. (
Corenbaum v. Lampkin
(2013)
The answer to the question in this case follows directly from this long-settled understanding of the crime made punishable by Vehicle Code section 20001(a) : Restitution for losses incurred "as a result of the commission of a crime" includes losses incurred as a result of the defendant's unlawful flight from the scene of the accident in which he or she was involved, but not losses incurred solely as a result the accident itself.
The People acknowledge that "the occurrence of the accident, in itself, is not [independently] punishable as a criminal act" under Vehicle Code section 20001. They argue, however, that restitution for injuries resulting from an accident is nevertheless recoverable under Penal Code section 1202.4 because involvement in the collision is an element of the offense-that is, a fact that the prosecution must prove to obtain a conviction. This argument draws heavily on
Rubics
,
supra
, 136 Cal.App.4th at pages 454, 462,
Of course, as previously noted, a conviction under Vehicle Code section 20001 does not, in fact, require any showing of "the fleeing driver's responsibility" for the underlying accident. (
Rubics
,
supra
, 136 Cal.App.4th at p. 459,
Seeking to avoid that result here, the People insist that accepting their theory "does **1072 not mean that a defendant will be liable for the losses in every hit-and-run case." Rather, in the People's view, whether a particular defendant will be required to pay restitution for losses resulting from the accident is "a determination to be made by the sentencing judge at the restitution hearing," presumably based on the sentencing judge's view of whether the defendant was at fault in the accident, and therefore can be said to have "caused" the victim's injuries through his or her "conduct" within the meaning of section 1202.4, subdivision (f).
Whatever the merits of the People's argument as a policy matter, it cannot be squared with the plain language of section 1202.4. Section 1202.4 refers to losses incurred "as a result of the commission of a crime," not as the result of attendant facts or circumstances the prosecution must prove in order to obtain a conviction. Involvement in an accident is precisely such a circumstance; it forms no part of the conduct proscribed by Vehicle Code section 20001(a), but instead describes an event that gives rise to the statutory duty to stop, provide identification, and render aid. Thus, even if defendant had been at fault in the accident-and the evidence in the record does not establish that he was-his negligence might well give rise to civil *1105 tort liability, but it would not give rise to an obligation to make direct victim restitution *148 for injuries caused by a collision that involved no criminal wrongdoing.
Nor does the reference to losses resulting from the "defendant's conduct" in section 1202.4, subdivision (f), suggest a different result, as the People's argument might suggest. In the very same subdivision of the provision, the Legislature made clear that restitution is measured by the "dollar amount that is sufficient to fully reimburse the victim or victims for every determined economic loss incurred as the result of the defendant's criminal conduct." (§ 1202.4, subd. (f)(3), italics added.) Read in context, the statute's reference to losses resulting from the "defendant's conduct" ( id ., subd. (f)) is not plausibly read to expand the scope of direct victim restitution to encompass losses resulting from noncriminal conduct, solely because that conduct gives rise to a duty the breach of which is punishable as a crime. 2
This straightforward reading of the statutory text does not, as the People argue, cast any doubt on whether direct victim restitution is available when the victim's losses are caused by conduct that does, in fact, constitute a crime. If, for example, a thief steals a car and a third party reckless driver damages it, we do not doubt that the owner would be entitled to reimbursement from the thief under section 1202.4, subdivision (f). But that is because the owner has incurred losses resulting from the thief's criminal conduct (namely, the unlawful deprivation of his or her property)-and not because the law provides general authorization to order restitution for losses caused by noncriminal behavior (including involvement in an accident) that is related in some way to the commission of a crime.
Nor does this reading of the text cast doubt on whether a court may order restitution for losses incurred as a result of the means by which the defendant
*1106
committed the offense. (
**1073
Richardson v. United States
(1999)
C.
The People argue limiting direct victim restitution in hit-and-run cases to losses incurred by the crime itself-that is, the defendant's flight from the scene of the accident-undermines Vehicle Code section 20001(a)'s purpose of deterring negligent drivers from seeking to avoid potential liability for injuries and damage they have caused. To preclude direct victim restitution for accident-related injuries, they argue, would incentivize at-fault drivers to flee the scene in hope of evading responsibility altogether or of covering up evidence of their fault.
The People are, of course, correct that Vehicle Code section 20001(a) is designed in part to deter drivers from seeking to avoid responsibility for accidents in which they are at fault. (See
Escobar
,
supra
, 235 Cal.App.3d at p. 1510,
As the Legislature that enacted Vehicle Code section 20001(a) undoubtedly understood, even if direct victim restitution for accident-related injuries is not available, that does not mean that an at-fault driver will escape responsibility
*1107
for the losses he or she has caused. Once the perpetrator has been identified, the victim of a hit and run who believes the other driver was at fault may obtain civil damages in a tort suit, just as he or she would if the driver had stopped and provided identification as required by law. And although fleeing the scene may permit drivers to attempt to hide evidence of their fault in the accident, the law accounts for this problem by permitting the trier of fact in a civil action to consider the failure to stop as some evidence of consciousness of responsibility for the accident. (
Brooks v. E.J. Willig Truck Transp. Co.
(1953)
We acknowledge the costs to the victims of hit-and-run offenses of instituting separate civil proceedings against a defendant whose negligence may have caused the underlying accident. Such costs are, however, unavoidable in a statutory scheme that limits mandatory direct victim restitution to losses incurred "as a result of the commission of a crime." (§ 1202.4, subd. (a)(1).) Even giving broad and liberal construction to section 1202.4 (
People v. Garcia
(2010)
*150 By its terms, section 1202.4 authorizes-indeed, requires-courts in Vehicle Code section 20001 cases to award direct **1074 victim restitution for losses resulting from the defendant's crime: that is, flight from the scene of the accident without identifying himself or herself, rendering aid, or otherwise fulfilling the statutory requirements. (Veh. Code, § 20001(a).) Where the flight leads to a delay in the victim's access to medical care, for example, and the victim's injuries are exacerbated as a result, those costs are properly characterized as the "result of the commission of a crime" for the purposes of a restitution order. (Pen. Code, § 1202.4, subd. (a)(1).) Similarly, the cost of tracking down a defendant who has fled the scene of the accident may be recoverable because such losses, too, result from the defendant's unlawful flight. Section 1202.4 does not, however, permit courts to order direct victim restitution for losses that occur as a result of an underlying accident that involves no criminal wrongdoing. 3 *1108 III.
The judgment of the Court of Appeal is affirmed, and the case remanded for recalculation of the amount of victim restitution in accordance with this opinion.
We Concur:
Cantil-Sakauye, C.J.
Werdegar, J.
Chin, J.
Corrigan, J.
Liu, J.
Cuéllar, J.
Because Proposition 8 was not self-executing, the Legislature enacted several statutes to implement the new law, including Penal Code former section 1203.04 and Government Code former section 13967. These statutes were ultimately repealed and consolidated into Penal Code section 1202.4, which now governs restitution orders in all criminal cases, except those in which the defendant is sentenced to probation. (Pen. Code, § 1203.1 ;
Giordano
,
supra
, 42 Cal.4th at pp. 652-654,
As defendant notes, every state high court to address this question under a comparably worded restitution statute has reached the same conclusion. (See, e.g.,
State v. Williams
(Fla. 1988)
A different result might obtain if the defendant's crimes included an offense, such as reckless driving (Veh. Code, §§ 23103, 23104 ) or driving under the influence ( id. , §§ 23152, 23153), that caused the accident that resulted in the victim's injuries. Defendant in this case was neither charged with nor convicted of such an offense. The People argue that the trial court's order was nevertheless justified because defendant could have been charged (but was not) with unlicensed driving. The People did not raise this argument in their petition for review, and we do not address it.
People v. Rubics
,
supra
,
Reference
- Full Case Name
- The PEOPLE, Plaintiff and Respondent, v. Dennis Terry MARTINEZ, Defendant and Appellant.
- Cited By
- 84 cases
- Status
- Published