Convicted criminal, acting as a plaintiff in a legal malpractice action, sued his criminal defense lawyer, alleging deficient representation concerning payment of restitution which resulted in his being charged with a probation violation, spending more time incarcerated and losing wages. The appellate court found no error after the trial court sustained a demurrer without leave to amend because the law requires a showing of actual innocence. The court noted we should not permit a guilty defendant to profit from his own wrong. Khodayari v. Mashburn (Cal. App. Second Dist., Div. 4; November 15, 2011) (As mod. November 22, 2011) 200 Cal.App.4th 1184.
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