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PEOPLE v. GIORDANO

No. S138382.

68 Cal.Rptr.3d 51 (2007)

42 Cal.4th 644

170 P.3d 623

The PEOPLE, Plaintiff and Respondent, v. Charles GIORDANO, Defendant and Appellant.

Supreme Court of California.

November 26, 2007.

Attorney(s) appearing for the Case

Diane Nichols, under appointment by the Supreme Court, San Diego, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, Steve Oetting and James D. Dutton, Deputy Attorneys General, for Plaintiff and Respondent.

MORENO, J.

Defendant was convicted of vehicular manslaughter and sentenced to a prison term of four years. He was ordered to pay direct victim restitution to the wife of the deceased victim in the amount of $167,711.65, the value of five years of the deceased victim's average annual earnings. We here consider whether Penal Code section 1202.4, governing direct victim restitution, authorizes a court to require a convicted defendant to compensate the spouse of a deceased...

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