Ford
People v. Ford
Opinion
Opinion
Cuellar, J.
Defendant William J. Ford appeals from an order awarding victim restitution. He contends that the trial court lacked jurisdiction to conduct the April 6, 2012, hearing prescribing the amount of restitution he owed because his term of probation — including the condition of restitution— had expired one week earlier. For support, defendant relies on Penal Code section 1203.3, subdivision (b)(5), which provides that “[njothing in this section shall be construed to prohibit the court from modifying the dollar amount of a restitution order pursuant to subdivision (f) of Section 1202.4 at any time during the term of the probation.” (Italics added.) The People maintain that the trial court retained jurisdiction to award full restitution in the amount of the victim’s loss, even after the term of probation expired. They rely on Penal Code section 1202.4, subdivision (f), which requires the court to “order full restitution unless it finds compelling and extraordinary reasons for not doing so and states them on the record,” and on Penal Code section 1202.46, which provides that “when the economic losses of a victim cannot be ascertained at the time of sentencing pursuant to…