People v. Phelps (41 Cal. App. 4th 946, 1996)

Opinion

WALLIN, J.

John E. Phelps appeals his conviction for hit and run causing injury, contending the trial court erred by ordering restitution for future medical expenses. We affirm.

Phelps crashed the car he had stolen into a station wagon in which seven-year-old Trent McGee was riding, paralyzing Trent from the neck down. At sentencing on the hit-and-run conviction, the trial court ordered restitution pursuant to Government Code section 13967 in the amount of $150,000, $29,000 for past medical expenses and $121,000 for future medical expenses.

Phelps argues the plain language of section 13967 prohibits the court from ordering restitution for future medical expenses. The statute provides, in pertinent part: “In cases in which a victim has suffered economic loss as a result of the defendant’s criminal conduct, ... the court shall order restitution to be paid to the victim. . . . [Restitution shall be imposed in the amount of the losses, as determined. The court shall order full restitution unless it finds clear and compelling reasons for not doing so, and states them on the record. . . . [^D Restitution ordered pursuant to this subdivision shall, to the extent possible, be of a dollar amount that is sufficient to fully reimburse the victim, or victims, for all determined economic losses incurred as the result of the defendant’s criminal conduct.” (§ 13967, subd. (c).)

Phelps claims the section’s language compels the conclusion that restitution is limited to monies expended when the court orders restitution. He notes the statute requires direct restitution where a victim “has suffered” economic loss as the result of a defendant’s criminal conduct, and directs the court to order restitution for all economic losses “incurred.” Phelps reasons the use of past tense mandates his interpretation of the statute.

“A fundamental rule of statutory construction is that a court should ascertain the intent of the Legislature so as to effectuate the purpose of the law. [Citations.] In construing a statute, our first task is to look to the language of the statute itself. [Citation.] When the language is clear and there is no uncertainty as to the legislative intent, we look no further and simply enforce the statute according to its terms. [Citations.]” (DuBois v. Workers' Comp. Appeals Bd. (1993) 5 Cal.4th 382, 387-388 [20 Cal.Rptr.2d 523, 853 P.2d 978]; see also Halbert's Lumber, Inc. v. Lucky Stores, Inc. (1992) 6 Cal.App.4th 1233, 1238-1239 [8 Cal.Rptr.2d 298].)

Here, it is unclear whether the term “economic loss” is intended to encompass all expenses necessary to treat an injury (those that have arisen and those yet to arise), or only those that have arisen by the date of sentencing. The former interpretation is supported by the language of the statute requiring restitution “be of a dollar amount that is sufficient to fully reimburse the victim, or victims, for all determined economic losses incurred as the result of the defendant’s criminal conduct.” (§ 13967.) This language, requiring restitution for all economic losses, suggests the statute contemplates past and prospective economic losses. “[T]he various parts of a statutory enactment must be harmonized by considering [a] particular clause or section in the context of the statutory framework as a whole. [Citations.]” (Moyer v. Workmen's Comp. Appeals Bd. (1973) 10 Cal.3d 222, 230-231 [110 Cal.Rptr. 144, 514 P.2d 1224].)

Furthermore, it is unclear whether, as Phelps contends, the word “incurred” is meant to limit recovery to expenses arising before sentencing, or to include all economic losses that will be “incurred.” Faced with this ambiguity, we must ascertain the lawmakers’ intent to give the statute’s language its intended effect. (People v. Jones (1993) 5 Cal.4th 1142, 1146 [22 Cal.Rptr.2d 753, 857 P.2d 1163]; Halbert's Lumber, Inc. v. Lucky Stores, Inc., supra, 6 Cal.App.4th at p. 1239.)

The statute was enacted pursuant to a constitutional scheme adopted by the voters in 1982 as part of Proposition 8. “In the case of a constitutional provision adopted by the voters, their intent governs. [Citations.]” (People v. Jones (1993) 5 Cal.4th 1142, 1146 [22 Cal.Rptr.2d 753, 857 P.2d 1163].) Article I, section 28, of the California Constitution, which gave rise to the statute, provides in relevant part: “(a) The People of the State of California find and declare that the enactment of comprehensive provisions and laws ensuring a bill of rights for victims of crime, ... is a matter of grave statewide concern. . . . [H . . . [H (b) Restitution. It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to restitution from the persons convicted of the crimes for losses they suffer. [