What is the appropriate remedy for a defendant who is seeking to overturn or strike a restitution order?

Although defendant asks this court simply to reverse or strike the restitution order, the appropriate remedy is to remand the case to the trial court for a new restitution hearing. (People v. Thygesen (1999) 69 Cal.App.4th 988, 996.)

As respondent correctly points out, the sentence on count two is unauthorized and must be modified. (People v. Quintero (2006) 135 Cal.App.4th 1152, 1156, fn. 3.) The correct sentence on count two is a life term with a minimum parole eligibility period of 15 years (Pen. Code, 186.22, subd. (b)(5); 664, subd. (a)) and a 25 years to life enhancement (Pen. Code, 12022.53, subd. (d)).

Page 24