What is the effect of a defendant's failure to provide victim restitution as a condition of probation?

California, United States of America


The following excerpt is from People v. Wilson, B290969 (Cal. App. 2019):

We appointed counsel to represent defendant. After examining the record, counsel filed a Wende brief raising no issues on appeal and requesting that we independently review the record. (People v. Wende, supra, 25 Cal.3d 436.) This court advised defendant of the opportunity to file a supplemental brief. He filed none. We conclude that defendant has not demonstrated reversible error.

The minute order from the date of defendant's plea recites that he was orally advised of "the possible consequences of a plea of guilty or nolo contendere." It is true that the sentencing minute order does not specify victim restitution as a condition of probation. Victim restitution, however, was mandatory here. (Cal. Const., art I, 28, subd. (b)(13)(B); Pen. Code, 1202.4, subd. (f); People v. Rowland (1997) 51 Cal.App.4th 1745, 1751-1752 ["victim restitution is mandatory and a sentence without such an award is invalid"].)

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