Harvest

In People v. Hanson (2000) 23 Cal.4th 355 , 97 Cal.Rptr.2d 58 , 1 P.3d 650 , our Supreme Court held that the double jeopardy provisions of the California Constitution prohibited a trial court from increasing a statutorily-mandated restitution fine following retrial after appeal. The issue presented here is whether the same result applies to direct restitution to victims of crime. We conclude that court-ordered victim restitution imposed for the first time at a resentencing following appeal is not punishment and is therefore not constitutionally barred.

Defendant Joshua Harvest was convicted of the first-degree murder of Joel Vigil and the second-degree murder of Michael Gialouris. The jury found true a multiple murder special circumstance allegation. There was no provision for victim restitution made at his sentencing because the court reserved the issue. On defendant's appeal, this court affirmed the first degree murder conviction; the second degree murder conviction and the special circumstance finding were reversed, and the prosecution was given the choice between a retrial or consenting to a reduction of the charge to voluntary manslaughter. ( People v. Harvest…