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PEOPLE v. HAMILTON

No. B167189.

8 Cal.Rptr.3d 190 (2003)

114 Cal.App.4th 932

The PEOPLE, Plaintiff and Appellant, v. Eric Duane HAMILTON, Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

Rehearing Denied March 24, 2004.

Review Denied March 24, 2004.

Attorney(s) appearing for the Case

Steve Cooley, District Attorney, Patrick D. Moran and Shirley S.N. Sun, Deputy District Attorneys, for Plaintiff and Appellant.

Benedon & Serlin and Douglas G. Benedon, Woodland Hills, for Defendant and Respondent.

MOSK, J.

INTRODUCTION

This appeal concerns a victim restitution obligation under former Penal Code section 1202.4.1 The principal issues presented are whether either of the following may be offset against a criminal defendant's victim restitution obligation: (1) payments to the victim by the victim's insurance carrier; or (2) payments to the victim by the insurer of defendant's mother to settle the victim's civil action against...

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