Willie

In this appeal we review an order entered nunc pro tunc by the sentencing judge releasing funds taken from defendant upon his arrest to pay the Victim Compensation and Government Claims Board (Victim Compensation Board) in satisfaction of a restitution fine. We conclude that the order was improper, although the funds are available for payment of the restitution fine.

Background

In 2001, defendant was convicted of seven sex crimes arising from his ongoing molestation of a teenage boy as well as three misdemeanor counts of firearm possession and one count of contributing to the delinquency of a second boy. Defendant was sentenced to prison for 14 years eight months, and he was ordered to pay a restitution fine of $10,000, a parole revocation fine in the same amount, and restitution to the victim in an amount to be determined. Defendant’s conviction was affirmed by this court on appeal. (People v. Willie (Apr. 9, 2003, A097431) [nonpub. opn.].)

On April 13, 2004, defendant filed a petition for writ of habeas corpus in the trial court complaining, among other things, that approximately $12,000 belonging to him had been taken by the City of Sonoma Police Department (police…