People v. Johnson CA3

DISCUSSION

Defendant challenges the trial court’s award of victim restitution to Millington, claiming it is premised on a calculation error. The People claim defendant forfeited this contention, and even if it was not forfeited, the calculation was not erroneous. Defendant argues that the contention is not forfeited because the sentence is unauthorized, and if it is forfeited trial counsel rendered ineffective assistance by failing to object. We conclude the contention was forfeited, but that the victim restitution award must be reduced to

2 Undesignated statutory references are to the Penal Code.

3 $7,249 because it was erroneous as awarded, and trial counsel rendered ineffective assistance by failing to object to the victim restitution award.

1. Forfeiture

“An objection to the amount of restitution may be forfeited if not raised in the trial court. ‘The unauthorized sentence exception is “a narrow exception” to the waiver doctrine that normally applies where the sentence “could not lawfully be imposed under any circumstance in the particular case . . . .” [Citations.] The class of nonwaivable claims includes “obvious legal errors at sentencing that are correctable…