People v. Burrell CA3

I. BACKGROUND

Defendant pled no contest to one count of domestic abuse (Pen. Code, § 273.5) and admitted a prior serious felony conviction.1 Based on the negotiated plea, the trial court sentenced him to six years in prison. Following sentencing, the prosecution sent defendant a notice explaining that the victim had requested $2,902.69 for relocation expenses and the VCB had paid the victim $2,000. The notice specified that the court was required by section 1202.4, subdivision (f)(4)(A) to “order restitution payable to VCB.” Likewise, the hearing waiver and hearing request forms attached to the notice both indicated that the restitution sought would be paid to the VCB. The notice also included records certified under penalty of perjury showing that the VCB paid $2,000 to the victim for relocation expenses, based on bills showing apartment rental expenses of $2,902.69. At the restitution hearing, the prosecution relied on these certified records as supporting the VCB’s request for restitution. Defense counsel did not object to the VCB’s decision to pay the victim for relocation expenses. Instead, defense counsel objected that the trial court could not order restitution because the…