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Name: People v. Moreno
Case #: F040707
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/23/2003
Subsequent History: None

Appellant was convicted of first degree murder and sentenced to 52 years to life in state prison. Although he was ordered to pay a $10,000 restitution fine, no direct restitution was ordered to the victim’s family, who received $4346. for burial expenses from the Victims of Crime Program (VOC). In his first appeal, his conviction was affirmed and again no mention was made of victim restitution. The remittitur issued on March 29, 2002. While the appeal had been pending, the probation officer asked the trial court for a restitution order to reimburse VOC for the burial expenses. The court granted the request over appellant’s objections on May 15, 2002, after the remittitur had issued. On appeal, Moreno argued that the People waived their right to seek the restitution order by not raising it earlier, and that the restitution order exceeded the scope of the remittitur. The appellate court here affirmed the order imposing the restitution. Notwithstanding a trial court’s failure to retain jurisdiction to modify a restitution order, a prosecutor may, at any time, request correction of an invalid or unauthorized sentence.