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Name: People v. Schaefer
Case #: A131539
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 08/29/2012

Trial court had no jurisdiction to order restitution after appellate court ordered abatement of all proceedings following appellant’s death. Schaefer was convicted of second degree murder and other offenses as a result of a motorcycle crash that killed a nine-year-old girl. Schaefer died while his appeal was pending, and the appellate court granted defense counsel’s request to abate all proceedings pending before the court, and ordered the trial court to abate all proceedings with respect to Schaefer. The trial court subsequently concluded that Schaefer’s death did not did not abate victim restitution ordered pursuant to Penal Code section 1202.4, subdivision (f). On appeal, defense counsel argued that the trial court was required to abate all proceedings including the restitution order. The Court of Appeal agreed and reversed the trial court’s order denying Schaefer’s motion to abate the restitution order. The abatement order precluded the trial court from considering the restitution issue. Jurisdiction was never transferred back to the lower court. The trial court was therefore without jurisdiction to do anything other than abate all proceedings, as directed.