People v. Thomas CA6

Good Law
Court of Appeal of CaliforniaJuly 30, 2015H038396California2,495 words

Opinion

Opinion

STATEMENT OF THE CASE

A jury convicted defendant Tommy Eugene Thomas of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))1 and unlawful possession of ammunition (former § 12316, subd. (b)(1)). At the sentencing hearing on January 30, 2009, the trial court

1 Subsequent unspecified statutory references are to the Penal Code. placed defendant on probation, and it ordered defendant to pay “victim restitution in the amount and manner to be determined.” At a restitution hearing on April 4, 2013, the trial court ordered defendant to pay the assault victim $33,684.55 in restitution. The trial court ordered defendant to pay 10 percent interest on the restitution award, with the interest beginning to accrue on January 30, 2009. Defendant now appeals from the restitution order. On appeal, defendant contends that the trial court acted in excess of its jurisdiction in issuing the restitution order. He also contends that the trial court erred in imposing interest on the restitution award. As set forth below, we will modify the restitution order to have the 10 percent interest begin accruing on April 4, 2013, and we will otherwise affirm.

STATEMENT OF THE FACTS2

Defendant stabbed…

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