Gholipour

Gholipour v. Superior Court of San Diego Cnty.

Good Law
16 Cal. App. 5th 581·2017 Cal. App. LEXIS 926·224 Cal. Rptr. 3d 432
Court of Appeal of CaliforniaOctober 24, 2017D072235California1,290 words

Opinion

lead Opinion

Benke, J.

*583 In this case, we deny a petition for a writ of mandate challenging an order by which the trial court retained jurisdiction to determine the amount of petitioner's restitution. As we interpret Penal Code 1 section 1203.9, although petitioner's case was transferred from the trial court to the superior court of another county while her appeal from her workers' compensation fraud conviction was pending in this court, the trial court in which she was convicted retained jurisdiction over imposition of restitution so that when we vacated the trial court's initial restitution order, the trial court had the power to impose a new restitution order consistent with our instructions on remand.

FACTUAL AND PROCEDURAL BACKGROUND

In 2014, petitioner Golnaz Gholipour was charged and convicted of multiple counts of perjury and workers' compensation fraud. The trial court imposed a split six-year sentence, with three years to be served in local custody and three years to be served under mandatory supervision.

Following Gholipour's conviction, the trial court entered a restitution award in the amount of $309,101.05. Gholipour appealed both the judgment of conviction and the trial court's…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.