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).)
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