Hilton v. Superior Court
239 Cal. App. 4th 766
Cal. Ct. App.2014Background
- Hilton pled no contest to DUI-related offenses and was placed on probation for three years with restitution to Tellez.
- Restitution hearing ordered on Sept. 17, 2008, awarding $3,215.
- Hilton paid the restitution listed; probation expired on April 8, 2011.
- Nov. 28, 2012, Tellez moved for over $886,000 in additional restitution (fees, costs, lost wages).
- Trial court held it had jurisdiction to impose more restitution on Apr. 3, 2013, and deemed the 2008 award unauthorized.
- Hilton petitioned for a writ of mandate, arguing lack of jurisdiction and improper authority to modify restitution after probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court lacked jurisdiction to modify restitution after probation | Hilton: jurisdiction ends at probation expiration | People: statutory provisions allow later modification | Yes; court lacked jurisdiction after probation expired |
| Robustness of §1202.4(f)(1) and timing of modification | Hilton: no authority to modify after term | People: statute supports modification | No authority to modify after probation expiration |
| Whether the Sept. 17, 2008 restitution order was authorized | Hilton: award was full and authorized | People: order potentially unauthorized | Sept. 17, 2008 award was authorized full restitution |
| Effect of former Article I, §28(b) and §1202.4 on restitution post-probation | Hilton: constitutional provision does not compel post-term restitution | People: supports ongoing restitution under statute | Constitutional and statutory scheme do not authorize post-term restitution |
Key Cases Cited
- In re Griffin, 67 Cal.2d 343 (Cal. 1967) (probation modification within term; void after term if extended)
- Bakke, 42 Cal.3d 84 (Cal. 1986) (extension of probation beyond term void; jurisdiction limits)
- White, 133 Cal.App.3d 677 (Cal. App. 1982) (probation revocation must occur within period; otherwise void)
- Lewis, 7 Cal.App.4th 1949 (Cal. App. 1992) (probation jurisdiction lasts during term; discharged ends jurisdiction)
- Tapia, 91 Cal.App.4th 738 (Cal. App. 2001) (discharge from probation when no violation found; limits further jurisdiction)