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PEOPLE v. JENNINGS

No. D043944.

26 Cal.Rptr.3d 709 (2005)

128 Cal.App.4th 42

The PEOPLE, Plaintiff and Respondent, v. Jason JENNINGS, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied April 26, 2005.

Review Denied July 27, 2005.

Attorney(s) appearing for the Case

Richard P. Siref, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Scott C. Taylor and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent.

AARON, J.

I.

INTRODUCTION

Defendant Jason Jennings appeals from a postjudgment order to modify restitution. Jennings argues that the trial court erred in failing to apply the proceeds paid to his victim by his insurance carrier in a civil settlement against the amount of restitution ordered by the court in Jennings's criminal case. We conclude that the trial court should have offset Jennings's restitution obligation by his insurer's payments to...

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