Dehle

Defendant Steven Andrew Dehle pleaded no contest to vehicular manslaughter. (Pen. Code, § 192, subd. (c)(1); further undesignated statutory references are to the Penal Code.) In exchange, the court dismissed three other counts related to the incident in question and it was agreed defendant would not be sent to state prison for more than four years. Imposition of sentence was suspended and defendant was placed on probation for three years on the condition, among others, that he serve 365 days in the county jail. Following a hearing, the trial court ordered defendant to make restitution to the decedent’s surviving spouse in the amount of $622,750.45.

On appeal, defendant contends (1) the trial court erred when it found him liable for restitution for the decedent’s future earnings and household services, (2) the restitution hearing was invalid because it was prosecuted by the surviving spouse’s private counsel rather than by the district attorney or his deputy, and (3) the large restitution order constitutes punishment, which was imposed without jury findings of fact in contravention of Apprendi v. New Jersey (2000) 530 U.S. 466 [ 147 L.Ed.2d 435 , 120 S.Ct. 2348 ]; Blakely…