Can a defendant's restitution order be modified if the victim cannot be determined at the time of sentencing?

California, United States of America


The following excerpt is from People v. Weber, B244008 (Cal. App. 2013):

Section 1202.46 provides: "Notwithstanding Section 1170, when the economic losses of a victim cannot be ascertained at the time of sentencing pursuant to subdivision (f) of Section 1202.4, the court shall retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined. Nothing in this section shall be construed as prohibiting a victim, the district attorney, or a court on its own motion from requesting correction, at any time, of a sentence when the sentence is invalid due to the omission of a restitution order or fine without a finding of compelling and extraordinary reasons pursuant to Section 1202.4" Therefore, as the statute provides, the trial court could modify defendant's restitution order at any time. (See People v. Brown, supra, 147 Cal.App.4th at p. 1225, fn. 7.) Section 1203.3, subdivision (b), which describes the limitations on the court's authority to revoke, modify, change, or terminate probation, provides that "Nothing in this section shall be construed to prohibit the court from modifying the dollar amount of a restitution order pursuant to subdivision (f) of Section 1202.4 at any time during the term of the probation." ( 1203.3, subd. (b)(5).)

Other Questions


Can a victim, the district attorney, or the victim, request to amend or amend a sentence when the sentence is invalid due to the omission of a restitution order or fine? (California, United States of America)
Can a probation officer order a restitution order for a defendant who has not objected to the restitution order? (California, United States of America)
Does a judge who sentenced a defendant to a determinate and indeterminate sentence need to serve the determinate sentence equally? (California, United States of America)
How is a determinate term sentence applied to a defendant who has been convicted of multiple crimes calling for determinate sentences? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
If a defendant has multiple convictions in the same proceeding, can the sentencing court order that any determinate sentence be served concurrently or consecutively? (California, United States of America)
What is the test for a defendant to argue that a restitution order made by a trial court to determine the amount of restitution is fundamentally unfair? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
What is the test for determining whether a defendant must make restitution to a victim at a restitution hearing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.