What is the test for full victim restitution under section 1202.4 of the California Code of Civil Procedure when a government entity is responsible for repairing or restoring public property damaged by graffiti defaced with graffiti?
California, United States of America
The following excerpt is from People v. Aguilar, 209 Cal.Rptr.3d 313, 4 Cal.App.5th 857 (Cal. App. 2016):
Section 1202.4 requires the trial court to order full victim restitution in every case in which a victim has suffered economic loss as a result of the defendant's conduct, unless it finds compelling and extraordinary reasons for not doing so and states them on the record. ( 1202.4, subd. (f); see also People v. Giordano (2007) 42 Cal.4th 644, 652, 68 Cal.Rptr.3d 51, 170 P.3d 623.) A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material ... and that has sustained an economic loss as a result of a violation of Section 594... is a victim for purposes of section 1202.4. ( 1202.4, subd. (k)(5).) The amount of restitution must be based on the amount of loss claimed by the victim or victims or
[209 Cal.Rptr.3d 316]
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