Friday, February 12, 2016

People v. McCarthy (Cal. Ct. App. - Feb. 11, 2016)

A statute says that you can impose a particular form of restitution "for felony violations of" Statute X.

Defendant is convicted of violating Statute Y.  Some, but not all, activities that would violate Statute Y would also violate Statute X.  Including what Defendant did.

But Defendant was not convicted of violating X.  He was only convicted of violating Y.  A different statute.

Does the restitution order permit the trial court to impose the particular form of restitution at issue on the Defendant convicted of violating Statute Y pursuant to a law that says that such restitution may be imposed "for felony violations" of Statute X?

The Court of Appeal says "Yes."