Replacement Cost Is Measure Of Damages For Crime Victims.

The victim of vehicle vandalism paid $950 for a pickup truck. After it was vandalized, a body shop estimated the cost of repair at $2,812.94. The criminal defendant entered a no contest plea to a charge of felony vandalism, and the criminal trial court ordered restitution in the amount of the cost of repair. On appeal, the appellate court rejected the vandal’s argument the trial court should have limited restitution to the purchase price.  The California Supreme Court affirmed both the trial court and appellate courts’ decisions, stating that Penal Code §1202.4 (f)(3)(A)  “gives the trial court a choice of awarding restitution to a crime victim for ‘replacement cost of like property when repair is possible.’ The statute does not say that the restitution awarded must be the lesser of the two.”  People v. Stanley (Cal. Sup. Ct.; July 9, 2012)(Case No. S185961).