People v. Lavinge CA2/6

FACTS AND PROCEDURAL HISTORY

In 2011, appellant was convicted by a no contest plea of second degree murder (§ 187, subd. (a)) and was sentenced to 15 years to life in state prison. At the time of sentencing, the trial court ordered appellant to pay $8,061.16 in victim restitution to the Victim Compensation and Government Claims Board (VCGCB) (Now the California Victim Compensation Board). The court also notified appellant that “there

1 All statutory references are to the Penal Code. may be additional claims” and that “[i]f there are, you do have the right to a hearing.” Appellant waived his right to be present at any subsequent restitution hearings. In August 2013, the People moved to modify the restitution order to account for additional payments that appellant’s victims had received from VCGCB for mental health counseling since the date of sentencing. The court approved the modification and ordered appellant to pay $10,005.16 in restitution. In April 2015, the People again moved to modify the restitution order to account for continuing mental health counseling benefits provided by VCGCB to the victims. Appellant opposed the motion, claiming, among other things, that the…