Resendez

Defendant appeals from the judgment entered below upon his conviction by jury of one count of assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and a true finding by the jury that defendant personally used a firearm in the commission of the assault (Pen. Code, § 12022.5).

On appeal, defendant raises the following contentions: (1) The trial court erred by compelling defendant’s spouse to testify against him at his trial; (2) the trial court erred by allowing the victim of defendant’s assault to testify at his trial; (3) the trial court exceeded its jurisdictional authority in ordering defendant to pay direct restitution to the victim of the assault and in setting the amount of that restitution at $100,000; and (4) the trial court erred by denying defendant a reasonable opportunity to contest the amount of the restitution it (the trial court) had ordered him to pay to the victim. We shall conclude that none of these contentions compel a reversal of the judgment and/or the true finding entered below. However, we shall also conclude that the trial court’s restitution order must be vacated and that the matter must be remanded to the sentencing court with directions that…