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Name: People v. Denham
Case #: C069068
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/13/2014
Subsequent History: 4/23/14 revw den.

Defendant could not challenge victim restitution order where he failed to appeal that order from a separate hearing. Denham was convicted of first degree murder and other offenses, and sentenced to an indeterminate term of 25 years to life in state prison. The court reserved the issue of restitution and told Denham to file his notice of appeal immediately, that the issue of restitution was a “separate issue.” Nearly six months later, the court held a hearing on victim restitution and entered an order. Denham did not file a notice of appeal from the restitution order. On appeal, Denham contended that the court erred by awarding victim restitution based on expenses not attributable to his conduct. The appellate court concluded that the issue of victim restitution was not cognizable because Denham did not appeal from the separately appealable victim restitution order.