California v. Zuniga
Annotate this CaseDefendant-appellant David Zuniga pled no contest to felony hit and run resulting in death or serious bodily injury. In late 2018, the court placed him on formal probation for three years. The terms and conditions of probation included that Zuniga “pay restitution [to the victim] through the Probation Department in an amount and manner to be determined by the probation officer at a later date.” Effective January 1, 2021, two years into Zuniga’s probation term, the California Legislature enacted Assembly Bill No. 1950 (2019-2020 Reg. Sess.) which amended Penal Code section 1203.1(a) by reducing the maximum felony probation term to two years, with certain exceptions not applicable here. In November 2021, the parties agreed that Zuniga was entitled to have his term of probation shortened to two years under Assembly Bill No. 1950. Accordingly, the court terminated Zuniga’s probation nunc pro tunc to December 31, 2020. When the court terminated Zuniga’s probation, the probation officer still had not determined the amount of victim restitution, as contemplated in the original probation order. Zuniga then argued that the trial court lacked jurisdiction to set the amount of victim restitution because his probation had terminated. After soliciting briefing on the issue, the trial court disagreed with Zuniga and ordered direct restitution to the victim in the amount of $313,518.74. Zuniga appealed the restitution order. The Court of Appeal concluded the trial court did not exceed its jurisdiction and affirmed the order.
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