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Name: People v. Bufford
Case #: A108741
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/12/2007

In this appeal by the prosecution, the court found that under Penal Code section 1202.46, when the trial court is unable to determine the economic loss of the victim at the sentencing hearing, it retains jurisdiction over a defendant subject to a restitution order for purposes of imposing or modifying restitution once the loss is determined. Because a sentence is invalid where the restitution order is omitted without a finding of compelling and extraordinary reasons, there is no limitation as to when the unauthorized sentence can be corrected with an order for restitution once the amount is determined and the court retains jurisdiction to do so even after the defendant has fully served the sentence.