In what circumstances will a defendant not be able to challenge a restitution order under section 1202.4 of the Penal Code?

California, United States of America


The following excerpt is from People v. Martinez, 115 P.3d 62, 30 Cal.Rptr.3d 779 (Cal. 2005):

In briefing to this court, the People argue for the first time that, because defendant did not object at trial to the restitution order as impermissible under Penal Code section 1202.4, he may not now raise this claim. Irrespective of whether defendant has preserved the claim, however, it is within our discretion to decide this recurring issue for the guidance of government entities seeking clean-up costs and of trial courts ordering restitution. (See People v. Williams (1998) 17 Cal.4th 148, 161-162, fn. 6, 69 Cal.Rptr.2d 917, 948 P.2d 429.)

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