People v. Earl CA2/7

INTRODUCTION

A jury convicted Kevone Earl of murder, attempted murder, and other crimes. In Earl’s first appeal we reversed the judgment and directed the trial court to conduct a new trial. On remand Earl pleaded no contest to voluntary manslaughter, and the trial court sentenced him to prison for 25 years. The court also ordered Earl to pay, among other things, $5,000 in victim restitution. In Earl’s second appeal we reversed the restitution award and directed the trial court to conduct a restitution hearing. On remand the prosecution submitted a document from the Victim Compensation Board with an attachment showing the Board paid, on behalf of the victim’s family, $5,000 in funeral expenses. In this appeal, Earl’s third, he challenges the trial court’s order again requiring him to pay $5,000 in victim restitution. He argues that the evidence did not support $5,000 in restitution and that the court denied him a “meaningful opportunity to contest the amount of restitution.” We conclude that the court did not abuse its discretion in basing the $5,000 restitution award on evidence submitted by the prosecution and that the court gave Earl and his attorney an opportunity to contest…