What is the applicable deadline for a defendant to seek modification of a restitution order?

California, United States of America


The following excerpt is from People v. Denegal, C092869 (Cal. App. 2021):

[3] Section 1202.4 does not include a deadline for a defendant to seek modification of a restitution order. (Cf. People v. Ford (2015) 61 Cal.4th 282, 284 [finding trial courts retain jurisdiction to issue restitution orders after a defendant's probation period has expired where the defendant was estopped from objecting to the hearing].) We presume defendant may not indefinitely delay availing himself of his right to seek modification of the restitution amount, but as this issue is not before us on this appeal, we do not determine in the first instance the applicable deadline for defendant to exercise this right.

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