People v. Swanson CA1/3
A157641
| Cal. Ct. App. | Jul 16, 2021Background:
- On June 28, 2017, Roman R. was raking leaves when defendant Ramauri Swanson and Gerald Cannon approached after asking the time.
- Cannon drew a gun, demanded the victim’s belongings, and during the encounter Cannon shot Roman in the chest and pistol-whipped him; items were taken and the assailants fled in a minivan.
- A nearby officer observed the events, identified both men, and followed the getaway van; surveillance corroborated much of the conduct.
- Swanson pleaded no contest to second degree robbery (firearm enhancement dismissed); Cannon pleaded to attempted murder and firearm-related charges.
- The trial court ordered Swanson and Cannon jointly and severally liable for $4,925.05 in victim restitution for medical bills paid by the Victim Compensation Board.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether restitution under Penal Code § 1202.4 may be ordered against Swanson for losses caused by Cannon’s shooting | Restitution may be ordered because Swanson’s robbery conviction was a proximate cause of the victim’s losses | Swanson argued the losses resulted from Cannon’s attempted murder, not Swanson’s robbery, so he cannot be ordered to pay restitution | Court affirmed: robbery was a "substantial factor" in the victim’s losses and restitution may be imposed jointly and severally |
| Standard of review for the restitution causation determination | People: trial court’s causation finding should stand absent abuse | Swanson: urged de novo review based on statutory interpretation | Court applied abuse of discretion standard and found no abuse |
Key Cases Cited
- Foalima, 239 Cal.App.4th 1376 (2015) (uses the "substantial factor" causation test to assess whether a defendant’s criminal conduct proximately caused victim losses for restitution)
- Woods, 161 Cal.App.4th 1045 (2008) (holding restitution cannot be ordered where the conviction is based solely on conduct occurring after the loss)
- Martinez, 2 Cal.5th 1093 (2017) (section 1202.4 does not authorize restitution for losses from a noncriminal accident where the conviction is unrelated)
- Nichols, 8 Cal.App.5th 330 (2017) (trial court may impose joint and several restitution liability when multiple defendants are involved)