THE PEOPLE, Plaintiff and Respondent, v. SCOTLANE McCUNE, Defendant and Appellant. (Cal., Aug. 8, 2024, No. S276303) 2024 WL 3736802, at *1–2
Summary: California law mandates that individuals who are convicted of a crime must be ordered to make full restitution to their victims “in every case, regardless of the sentence or disposition imposed.” (Cal. Const., art. I, § 28, subd. (b)(13)(B); see Pen. Code, § 1202.4.) When a victim’s losses are not ascertainable at the time the defendant is sentenced, the sentencing court must issue a restitution order providing “that the amount shall be determined at the direction of the court.” (Pen. Code, § 1202.4, subd. (f).) The court then “shall retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined.” (Id., § 1202.46.)
Here, McCune was placed on felony probation for five years and ordered at sentencing to pay victim restitution in an amount to be determined. McCune’s probation period was shortened by new legislation capping felony probation at two years. The trial court then fixed the amount of victim restitution. McCune argues the order came too late because, under the probation statute, the trial court’s authority to modify the order of probation ended once his term of probation had expired. (Pen. Code, § 1203.3.)