P. v. Moore
Defendant Michael Jason Moore was evading police in the vehicle he had stolen when he killed Manual Padilla in a head-on collision. In June 2009, pursuant to a negotiated disposition, defendant was sentenced to state prison for eight years and four months after he entered pleas of no contest to vehicular manslaughter and four other charges. On October 5, 2009, defendant was ordered to pay restitution of $33,600 to Nanette Padilla, the victim’s wife.
On April 22, 2011, the prosecutor provided defendant with a “Notice To Defendant Regarding Restitution—Amended,†together with a “proposed Order for Restitution†that would increase the sum owed to Ms. Padilla to $75,710. Defendant was provided counsel and transferred from prison to attend any proceedings generated by the new restitution request. The reason for revisiting the issue of restitution was that the Victim Compensation and Government Claims Board had paid $70,000 to Ms. Padilla.
After conducting several hearings on the prosecution’s application, the trial court made “Order For Restitution†directing defendant to pay $45,000 to the Victim Compensation and Government Claims Board, this being the amount of the victim’s lost wages paid to his widow and not covered by the original restitution order.
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