People v. Mertz-Watson CA2/6, B307405

In June 2019 Mertz-Watson struck a Simi Valley police officer; charged with battery on a peace officer (case No. 2019017863). She was found incompetent, later restored, and pleaded guilty.
In July 2019 while jailed she damaged Ventura County Sheriff’s Department property, causing $3,145.25 in damage; pleaded guilty to destroying jail property and vandalism (case No. 2019022590).
At a joint disposition hearing the court sentenced her on the jail-property case to county jail (with credit) and in the battery case reduced the offense to a misdemeanor and placed her on probation.
As a probation condition in the battery case the trial court ordered Mertz-Watson to pay $3,145.25 in victim restitution to the Sheriff’s Department — the exact amount of the jail-property damage.
Defense counsel initially objected but then withdrew the objection and expressly asked the court to proceed with sentencing; the court confirmed the restitution order.
On appeal Mertz-Watson argued the restitution condition in the battery case was invalid because it was based on the conduct underlying the separate jail-property convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ordering $3,145.25 restitution as a probation condition in the battery case was erroneous because the loss arose from conduct adjudicated in a separate case	The People argued the claim is forfeited/waived/invited by defense counsel’s withdrawal of the objection; and restitution as a probation condition is within the court’s discretion and related to future criminality	Mertz-Watson argued the restitution condition must be stricken because it is based on damage for which she was convicted in the other case	Court affirmed: claim barred by waiver/forfeiture/invited error; alternatively restitution condition was proper under Lent and related precedents because it reasonably relates to the offense and future criminality

People v. Lent, 15 Cal.3d 481 (1975) (restitution as probation condition is a deterrent and not limited to losses charged in the conviction)
People v. Olguin, 45 Cal.4th 375 (2008) (Lent test for validity of probation conditions)
People v. Anderson, 50 Cal.4th 19 (2010) (trial court may order restitution as probation condition even if loss not caused by conduct underlying conviction)
People v. Coffman and Marlow, 34 Cal.4th 1 (2004) (doctrine of invited error applies when counsel’s tactical choice induces the court’s action)
People v. Jones, 29 Cal.4th 1229 (2003) (waiver and forfeiture principles in criminal appeals)
People v. Robertson, 48 Cal.3d 18 (1989) (forfeiture of appellate claims)
People v. Moran, 1 Cal.5th 398 (2016) (trial court’s broad discretion in probation conditions)
People v. Arbuckle, 22 Cal.3d 749 (1978) (right to be sentenced by assigned judge)