People v. Daniels CA1/5

BACKGROUND

In 2014, appellant was convicted of two felonies and sentenced to probation.1 He and a codefendant, Nanette Dillard, were jointly and severally ordered to pay more than $300,000 in restitution to the victim, the Department of Health and Human Services Administration of Children. In 2018, this court reversed appellant’s convictions and all but one of Dillard’s convictions as preempted by federal law. (People v. Dillard (2018)

1 The facts underlying the convictions are not relevant to this appeal.

1 21 Cal.App.5th 1205.) On remand, appellant filed a motion seeking the return of approximately $2,500 he had paid in victim restitution; he also sought an exoneration order, the removal of his DNA from the state databank, and sealing of his arrest records. With respect to the repayment of restitution, appellant’s motion did not specify which entity should repay him, but the proposed order submitted with his motion was directed to “the Alameda County Probation Department.” Appellant served, among other recipients, “Alameda County Probation Administration.”2 Dillard also requested repayment of victim restitution she had paid, among other relief. The motions were heard in…