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PEOPLE v. BIRKETT

No. S062379.

87 Cal.Rptr.2d 205 (1999)

980 P.2d 912

21 Cal.4th 226

The PEOPLE, Plaintiff and Respondent, v. Terry Eugene BIRKETT, Defendant and Appellant.

Supreme Court of California.

August 5, 1999.

Attorney(s) appearing for the Case

Patricia J. Ulibarri, San Diego, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, Janelle Boustany and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.

Preston, Steffen, Katzen, Gallagher & MacMorris and David Hewes Bent, Fresno, for California State Automobile Association Inter-Insurance Bureau as Amicus Curiae on behalf of Plaintiff and Respondent.

BAXTER, J.

Proposition 8 states the People of California's "unequivocal intention" that "all persons who suffer losses as a result of criminal activity shall have the right to restitution" from the convicted criminals. (Cal. Const., art. I, § 28, subd. (b) (article I, section 28(b)), italics added.) This measure requires restitution, absent compelling and extraordinary contrary reasons, whenever "a crime victim suffers a loss" (ibid., italics...

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