P. v. Curtis
Defendant Patrick Charles Curtis drove drunk and hit a telephone pole, injuring his passenger. He pled guilty to felony driving under the influence of alcohol with injury (Veh. Code, § 23153, subd. (a)) and to driving on a license suspended for driving under the influence of alcohol or drugs (Veh. Code, § 14601.2, subd. (a)). He also admitted a great bodily injury enhancement (Pen. Code, § 12022.7, subd. (a)) and a prior drunk driving conviction.
The court ordered restitution to the victim in the amount of $77,393.45. On appeal, defendant contends, and the People concede, that the trial court erred in refusing to reduce the restitution award by $25,000, the settlement amount recovered by the victim from defendant's insurance carrier.
Court agree with the parties that the victim restitution order in this action should have been reduced by money the victim received in settlement from the defendant's insurance carrier.
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