People v. Schaefer
208 Cal. App. 4th 1283
| Cal. Ct. App. | 2012Background
- Defendant Edward Schaefer was convicted in 2010 of second degree murder and related offenses arising from a Novato motorcycle crash that killed a child and injured her father.
- The trial court sentenced him to 24 years to life and ordered victim restitution under Penal Code section 1202.4, subd. (f), totaling $1,362,586.25.
- Schaefer died in prison during his appeal, prompting FDAP to move for abatement of proceedings; the court abated all appellate proceedings and ordered abatement of all proceedings below, but did not issue a remittitur to the trial court.
- The trial court later held that the abatement order did not apply to restitution, continued the restitution order, and later reinstated the original restitution amount.
- Schaefer’s counsel appealed the order denying abatement of restitution; the appeal raised whether a defendant’s death pending appeal abates a victim restitution order.
- The court held that abatement of the underlying convictions requires abatement of the restitution order and reversed to vacate the restitution order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does death pending appeal abate a victim restitution order under 1202.4(f)? | Schaefer's death abates all proceedings, including restitution. | Restitution is not a proceeding subject to abatement. | Yes; restitution abates with convictions; order vacated. |
| Did the appellate abatement order extend to all below proceedings and thus compel vacatur of restitution? | Abatement ordered all proceedings below. | Abatement did not explicitly cover restitution. | Abatement of all proceedings applicable; remand to vacate restitution. |
Key Cases Cited
- In re Sheena K., 40 Cal.4th 875 (Cal. 2007) (death pending appeal abates all proceedings absent contrary statute; supports broad abatement)
- People v. de St. Maurice, 166 Cal. 201 (Cal. 1913) (death abates penalties absent contrary statute)
- People v. Dail, 22 Cal.2d 642 (Cal. 1943) (abate all proceedings upon defendant’s death)
- People v. Sonoqui, 1 Cal.2d 364 (Cal. 1934) (abartment authority and scope principles relevant to abatement)
- People v. Bandy, 216 Cal.App.2d 458 (Cal. App. 1963) (abate proceedings upon death; similar abatement framework)
- In re Anna S., 180 Cal.App.4th 1489 (Cal. App. 2010) (abatement consequences and jurisdictional issues in criminal cases)