People v. Corelleone CA2/2

DISCUSSION

I. District Attorney’s Failure to Object

A. Defendant’s Argument Defendant contends that, because the deputy district attorney failed to object to the trial court’s omission of a restitution order, the People’s late request for restitution should have been barred. B. Relevant Authority Section 1202.4, subdivision (f) provides in pertinent part as follows: “. . . in every case in which a victim has suffered economic loss as a result of the defendant’s conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. . . . [¶] (1) The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount, on its own…