Schaefer

A jury convicted defendant Edward John Schaefer in 2010 of second degree murder and other crimes in connection with a *1285 motorcycle crash in Novato that killed a nine-year-old girl and injured her father, requiring the amputation of the father’s right leg. Defendant died while his appeal (People v. Schaefer (Sept. 20, 2010, A129577)) was pending, and this court granted defense counsel’s unopposed request to direct the trial court to “abate all proceedings with respect to defendant Schaefer which are currently pending in that court.” The trial court thereafter concluded that defendant’s death did not abate victim restitution ordered pursuant to Penal Code section 1202.4, subdivision (f). 1 We agree with defense counsel that this court’s prior order of abatement precluded the trial court from considering the issue. We therefore reverse and remand to the trial court with instructions to vacate the restitution order.

I.

Factual and Procedural Background

A jury convicted defendant of second degree murder (§ 187), gross vehicular manslaughter while intoxicated (§ 191.5, subd. (a)), and other crimes, and the trial court sentenced him to 24 years to life. The court also…