People v. Smith CA1/4

FACTS AND PROCEDURAL HISTORY

In 2006, Smith was convicted of four counts of second-degree robbery (§ 212.5, subd. (c)), four counts of false imprisonment (§ 236), two counts of second-degree burglary (§ 459), and one count of conspiracy to commit

1 All further statutory references are to the Penal Code unless

otherwise indicated.

1 robbery (§ 182, subd. (a)(1)).2 The jury found true allegations that the loss exceeded 2.5 million dollars (former § 12022.6, subd. (a)(4))3 and a principal was armed with a firearm (§ 12022.1, subd. (a)(1)). The court found other sentencing allegations true based on prior convictions, and sentenced Smith to 26 years in state prison. During the original sentencing hearing, the court declined to make an order for compensatory victim restitution. The judge described his concerns regarding compensatory victim restitution as follows: “Turning to victim restitution in this case, the California Constitution statutes require the courts impose lawful restitution to victims as set forth in the California statutes. This court is ready, willing and able to follow the requirements of the law regarding victim restitution, and the court will do so. [¶] On the…