Can a court order direct victim restitution in a sexual assault case?

California, United States of America


The following excerpt is from People v. Valdez, 24 Cal.App.4th 1194, 30 Cal.Rptr.2d 4 (Cal. App. 1994):

Appellant asserts the trial court is bound by the terms of the plea agreement and is without authority to order direct victim restitution since the agreement is silent in this regard. To do so, according to appellant, would be to subject him to punishment greater than that for which he bargained. (People v. Clark (1992) 7 Cal.App.4th 1041, 1050, 9 Cal.Rptr.2d 726.)

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