People v. Earl CA2/7

INTRODUCTION

In 2016 a jury convicted Kevone Earl of multiple crimes, and the trial court sentenced him to life in prison. He appealed, and we reversed with directions for a new trial. (People v. Dixon et al. (Apr. 10, 2019, B277759) [nonpub. opn.].) On remand, the People made Earl a plea offer that, in exchange for Earl pleading guilty or no contest to voluntary manslaughter and admitting he used a firearm in the commission of the crime, the court would sentence Earl to a prison term of 25 years. In explaining the terms of the proposed agreement, the trial court told Earl he would have to pay victim restitution in the amount of $5,000. Earl objected and asked for a restitution hearing. The court said it would impose the restitution amount and have a hearing “afterwards.” Earl pleaded no contest, and the court accepted his plea. The court sentenced Earl, ordered him to pay a $300 restitution fine and $5,000 in victim restitution, gave him an opportunity to be heard on his ability to pay, and ordered him to pay both amounts. Earl argues the trial court erred because “there was no evidence before the court” to support an order requiring him to pay $5,000 in restitution. Earl also…