Hannon

Defendant Eugene Martin Hannon (appellant) appeals from the trial court’s restitution award. He contends the court abused its discretion in awarding restitution for attorney’s fees, lost wages, and travel expenses incurred by the victim, and claims trial counsel was ineffective during the restitution hearing. This court granted the victim’s request to file an impact statement on appeal. In the unpublished portion of this opinion, we reject appellant’s challenges to the trial court’s restitution award. In the published portion, we conclude the victim is entitled to file a victim impact statement on appeal, pursuant to article I, section 28 of the California Constitution, as amended by the Victims’ Bill of Rights Act of 2008, also known as Marsy’s Law, adopted by voter initiative Proposition 9 in 2008. We also decide the victim’s right to file this impact statement does not permit her to present legal issues not raised by appellant or facts not in the record below.

BACKGROUND

On August 27, 2012, a felony complaint charged appellant with grand theft by embezzlement by a fiduciary (Pen. Code, §§ 487, subd. (a), 506). Appellant, an attorney, represented Tyrone Barber in…