California, United States of America
The following excerpt is from People v. McGowan, E054756 (Cal. App. 2013):
imposing or modifying restitution until such time as the losses may be determined. Nothing in this section shall be construed as prohibiting a victim, the district attorney, or a court on its own motion from requesting correction, at any time, of a sentence when the sentence is invalid due to the omission of a restitution order or fine without a finding of compelling and extraordinary reasons pursuant to Section 1202.4." (See also People v. Bufford (2007) 146 Cal.App.4th 966, 969-970.)
Here, the trial court did order "victim restitution in an amount to be determined by probation. Disputes, if any, will be resolved at a formal court hearing." The trial court was authorized to refer the amount of restitution to the probation department. (See People v. Bernal (2002) 101 Cal.App.4th 155, 164.) Thus, no remand for a further court hearing is required. However, the trial court erred in ordering a specific amount of restitution without identifying to whom it should be paid and the basis for the amount of restitution ordered. We will therefore vacate that portion of the trial court's restitution order without prejudice to a future restitution order in compliance with sections 1202.4, subdivision (f), and 1202.46.
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