McCune
People v. McCune
Opinion
Opinion
Kruger, J.
Opinion of the Court by Kruger, J.
Under California law, individuals who are convicted of a crime must be ordered to make full restitution to their victims “in every case, regardless of the sentence or disposition imposed.” (Cal. Const., art. I, § 28, subd. (b)(13)(B); see Pen. Code, § 1202.4.) But not all victim losses are immediately ascertainable; the extent of losses from some injuries may not be known for months or even years. When a victim’s losses are not ascertainable at the time the defendant is sentenced, the sentencing court must issue a restitution order providing “that the amount shall be determined at the direction of the court.” (Pen. Code, § 1202.4, subd. (f).) The court then “shall retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined.” (Id., § 1202.46.) This case raises a question concerning the relationship between these provisions governing postsentencing restitution calculations and the provisions governing probation. Defendant Scotlane McCune was placed on felony probation for five years and ordered at sentencing to pay victim restitution in an amount…