Sep. 30, 2022 – People v. Nonaka (2nd Dist., Div. 6, B313848)

In a People’s appeal from the denial of a motion for victim restitution, the Court of Appeal reverses and holds that the trial court erred when it concluded a civil settlement and release of liability signed by the victim in a related civil case discharged the defendant’s obligation to pay restitution in the criminal case. The court reasons that any purported waiver to the constitutional right to restitution entered in civil court is not enforceable in criminal court, and that the People did not agree to the civil settlement.