People v. Sarwar CA3

BACKGROUND

On August 21, 2018, defendant killed Junying Lu by stabbing her about 20 times in the head, abdomen, and hands. (People v. Sarwar (Oct. 26, 2021, C090687) [nonpub.

1 opn.].)1 A jury found defendant guilty of murder (Pen. Code, § 187, subd. (a))2 with the enhancements that defendant intentionally killed Lu by means of lying in wait (§ 190.2, subd. (a)(15)), that the murder was committed during the commission or attempted commission of a burglary (§ 190.2, subd. (a)(17)), and that defendant personally used a deadly weapon (§ 12022, subd. (b)(1)). The jury also found defendant guilty of assault against another victim with intent to commit mayhem, rape, sodomy, or oral copulation (§ 220, subd. (a)). Defendant was sentenced to life without the possibility of parole plus seven years. We affirmed defendant’s conviction on appeal. On August 6, 2020, while defendant’s direct appeal was pending, the trial court held a victim restitution hearing. After considering the prosecutor’s brief, the prosecutor’s supporting evidence, and argument by both sides, the trial court ordered defendant pay a total restitution amount of $256,273.23 to Lu’s family for loss of financial support for…