Postjudgment order awarding restitution following defendant's conviction of driving under the influence while committing an act forbidden by law and causing bodily injury to another person is affirmed in part and reversed to the extent it awarded attorney fees and costs as a trial court may apply the doctrine of comparative negligence in awarding victim restitution against a criminally negligent defendant when the court finds the victim's contributory negligence was a substantial factor in causing his or her injuries.
APPEALS from a judgment and order of the Superior Court of Orange, John A. Torribio, Judge. Judgment affirmed.
FOURTH APPELLATE DISTRICT, DIVISION ONE
Decided: June 22, 2009
Before: McDONALD, J., HALLER, Acting P.J., IRION, J.
Opinion by: McDONALD, J.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, James D. Dutton and Melissa Mandel, Deputy Attorneys General, for Plaintiff and Appellant.