Is a plaintiff's claim for damages arising from a burglary not forfeited?

California, United States of America


The following excerpt is from People v. Hellman, C079838 (Cal. App. 2019):

The claim is not forfeited. By contending the trial court exceeded its authority by ordering restitution for costs that did not arise from his criminal conduct, defendant's claim asserts an unauthorized sentence. (People v. Anderson (2010) 50 Cal.4th 19, 26.) " 'An obvious legal error at sentencing that is "correctable without referring to factual findings in the record or remanding for further findings" is not subject to forfeiture.' [Citation.]" (Ibid.) We thus consider whether the trial court's inclusion of losses arising from the burglary was unauthorized. We conclude it was.

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