You can’t order someone to pay restitution two years after she has completed probation. You have no power at that time. DUH.
What is most interesting about this case is that the trial court made the restitution order when D petitioned the court to dismiss her conviction under 1203.4. So the AG said that the order was not a condition of probation. The appellate court shut.that.shit.down. They said the AG could not point to authority that would allow for an order of restitution outside of probation. So, all of the statutes about probation that state that the court may make modifications while the defendant is on probation applied to a restitution order. (Even though those statutes make no mention of restitution).
Also interesting is that the statute authorizing the trial court to impose restitution makes no mention of if or when the court might lose jurisdiction to make such an order. The appellate court construed this in D’s favor: if the statute does not say the court retains jurisdiction post-probation, the court does not retain jurisdiction. Of course, this is a legally correct conclusion, but it is nonetheless nice to see.
Also, no objection below, no problem. Lovely opinion.
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