Moreno

This case requires us to decide whether the trial court, after a criminal judgment has been entered and affirmed on appeal, may order the defendant to reimburse the state for restitution payments it made to the victim’s family, even though the original sentence had neglected to make any provision for direct restitution. We conclude on the strength of Penal Code section 1202.46 that it may, and affirm the order.

Background

On March 15, 2000, a jury found Robert Aguilar Moreno guilty of first degree murder (§§ 187, 189). It also found true allegations Moreno had committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)); that he had intentionally and personally discharged a firearm in the commission of the offense, causing great bodily injury or death (§ 12022.53, subd. (d)); and that he had personally used a firearm in the commission of the offense (§ 12022.5, former subd. (a)(1)).

On May 26, 2000, the court sentenced Moreno accordingly to an indeterminate term of 25 years to life for the murder, to a consecutive 25-year-to-life term for the firearm great bodily injury enhancement, and to the middle term of two years consecutive for the…