Tamari Slattery was convicted of elder abuse upon her dependent mother. In addition to her prison sentence, she was ordered, per California Penal Code § 1202.4(f), to pay restitution to Marshall Hospital, which had treated her mother's injuries. However, § 1202.4(k)(2) further specifies that restitution can only be ordered to the direct victim of an offense.
Although her claim was not preserved by objection at sentencing, it was yet allowed upon appeal as an "unauthorized sentence," which is always correctable. And while § 1202.4 permits recovery of a loss by an entity, it is limited to the case where that entity "is a direct victim of crime."
The court wrestled with the concern that such a distinction was "inefficient," but ultimately concluded that their narrow interpretation of "direct victim of a crime" was plainly intended by the Legislature and was not inconsistent with Art. I, § 28 of the California Constitution. Accordingly, the court struck the $876 restitution award to Marshall Hospital.
See: People v. Slattery, 167 Cal.App.4th 1091 (2008).
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Related legal case
People v. Slattery
|Cite||167 Cal.App.4th 1091 (2008)|
|Level||State Court of Appeals|