Pierce

Defendant Derek Eldeen Pierce appeals following the trial court’s modification of an order requiring defendant to pay restitution to various victims. Defendant contends (1) the trial court erred in modifying the restitution order without vacating the prior order to avoid duplication of the restitution award; (2) the trial court erred in imposing restitution for damages caused by a codefendant because the People explicitly waived the claim; and (3) if both or either of these claims is forfeited due to trial counsel’s failure to object, counsel provided ineffective assistance. We conclude (1) the trial court did not err in modifying the restitution order because its modification superseded the prior order; (2) the People’s decision not to seek restitution relative to the codefendant’s car crash in the initial restitution hearing did not waive the victims’ right to seek restitution later; and (3) trial counsel was not ineffective in failing to object because such an objection would have been meritless. Therefore, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant pleaded no contest to home invasion robbery (Pen. Code, § 211) and admitted he voluntarily…