California court says convicts must pay restitution, even if crime is minor

https://www.sfchronicle.com/news/article/Calif-court-says-convicts-must-pay-restitution-13960934.php

Convicted criminals in California must repay their victims for financial losses even for the minor crimes classified as infractions, like a mauling that killed a disabled person’s service dog, an appellate court has ruled.

The state Constitution, under a provision added by a 2008 ballot initiative, specifies that “restitution shall be ordered from the convicted wrongdoer in every case ... in which a crime victim suffers a loss,” said the Los Angeles County Superior Court’s Appellate Division. The ruling was issued a week ago and was published Friday as a precedent for future cases.

The case dates from May 2017, when a woman and her husband entered a store in Lancaster with the woman’s guide dog. Prosecutors said two dogs in the store attacked and killed the guide dog.

The store’s owner, Sherri Smalling, pleaded no contest to the charge of negligently allowing her dogs to cause injury or death to a service animal. Judge Andrew Kim fined Smalling $157 for the infraction but refused to order her to compensate the owner of the guide dog. Kim said restitution was required only in felony or misdemeanor cases and told the owner she could file a civil suit for her losses.

The owner assessed the value of her trained guide dog at $50,000, said Paul Eakins, spokesman for the district attorney’s office. He said the office appealed Kim’s ruling because “we viewed the outcome as an injustice.”

The appellate panel said Kim must hold a hearing to determine the amount of restitution, and order Smalling to pay that amount unless there are “compelling and extraordinary reasons” not to do so.

“Because an infraction is a crime, and a crime victim is constitutionally entitled to restitution in every case, a restitution hearing was necessary,” Judge Sanjay Kumar said in the 3-0 ruling.

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Smalling’s lawyer, Yan Goldshteyn, said he had told the court there was no law or court ruling requiring restitution for an infraction.

“This is the only case, setting a precedent,” he said.

Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicle.com Twitter: @BobEgelko