PEOPLE v. MOSER

Docket No. C022612.

50 Cal.App.4th 130 (1996)

THE PEOPLE, Plaintiff and Respondent, v. JAMES D. MOSER, Defendant and Appellant.

Court of Appeals of California, Third District.

October 22, 1996.


Attorney(s) appearing for the Case

COUNSEL

Michael R. Totaro, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Roger E. Venturi and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

SCOTLAND, J.

This appeal poses the question whether a state court can order the defendant in a criminal case to pay restitution to a victim whose civil claim against the defendant for the damage covered by the restitution order has been discharged in bankruptcy. We conclude that it can.

As we shall explain, the Bankruptcy Code is not intended to limit the rehabilitative...

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