79 Cal.App.5th 870
Cal. Ct. App.2022Background:
- In Nov. 2018 Zuniga pled no contest to felony hit-and-run; court placed him on formal probation and ordered victim restitution, but reserved the amount to be determined later by the probation officer.
- At sentencing the victim had ongoing serious medical needs; documentation of losses was not yet available, so restitution amount was deferred under Penal Code § 1202.4(f).
- AB 1950 (effective Jan. 1, 2021) shortened maximum felony probation to two years; the trial court terminated Zuniga’s probation nunc pro tunc to Dec. 31, 2020.
- After probation was terminated, the victim submitted bills totaling $313,518.74; the trial court held a restitution hearing and ordered that amount.
- Zuniga appealed, arguing the court lacked jurisdiction to set restitution after probation expired; the trial court and Court of Appeal held the court retained jurisdiction under Penal Code § 1202.46 and affirmed the restitution order.
Issues:
| Issue | People’s Argument | Zuniga’s Argument | Held |
|---|---|---|---|
| Whether the trial court exceeded its jurisdiction by setting the restitution amount after Zuniga’s probation expired | Court retained jurisdiction to impose restitution under § 1202.46 and the constitutional right to victim restitution; setting amount simply executed the previously imposed restitution condition | § 1203.3 bars revoking, modifying, or changing probation after its term ends, so court lacked jurisdiction to set or modify restitution post-expiration | Affirmed: court retained jurisdiction under § 1202.46 because restitution was ordered at sentencing and the amount had been reserved; setting the amount did not modify the probation order |
Key Cases Cited
- People v. Giordano, 42 Cal.4th 644 (2007) (explains Victims’ Bill of Rights and restitution obligations)
- People v. Bufford, 146 Cal.App.4th 966 (2007) (court retains jurisdiction under § 1202.46 to determine restitution after sentence completion)
- People v. Waters, 241 Cal.App.4th 822 (2015) (distinguishes cases where restitution was first imposed after probation expired)
- Hilton v. Superior Court, 239 Cal.App.4th 766 (2015) (held court may not increase a previously determined restitution amount after probation expiration)
- In re Estrada, 63 Cal.2d 740 (1965) (ameliorative sentencing statutes apply retroactively when judgment not final)
- People v. McKenzie, 9 Cal.5th 40 (2020) (probation order is not a final judgment for Estrada purposes)
- People v. Sims, 59 Cal.App.5th 943 (2021) (applies AB 1950’s two-year limitation retroactively)