Downing

Patrick Downing appeals his judgment of conviction on a negotiated guilty plea to two counts of grand theft (Pen. Code, § 487, subd. 1) and a single enhancement for stealing more than $25,000 (§ 12022.6, Subd. (a)). Probation was denied and Downing was sentenced to prison. However, the trial court also ordered him to pay restitution in the amount of $400,000, requiring him to pay 20 percent of all accrued prison earnings to the victims in this case.

Downing contends the restitution order is void for failing to identify those persons entitled to restitution and the specific amounts of the losses they suffered. He also challenges the propriety of a gross restitution award wholly unrelated to the admitted offenses, based in part on dismissed and uncharged crimes. He urges our remand to allow the court to exercise its discretion to strike the punishment for the section 12022.6, subdivision (a) enhancement.

We do not address Downing’s specific contentions regarding the restitution order, because the trial court’s direct restitution order here, where it also sentenced Downing to prison, is without statutory authorization and void. We reject the Attorney General’s request to…