HILTON v. SUPERIOR COURT

No. B248654.

224 Cal.App.4th 47 (2014)

168 Cal. Rptr. 3d 309

BARRON NICHOLAS HILTON, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Three.

February 25, 2014.


Attorney(s) appearing for the Case

Jonathan K. Golden ; Hutton and Wilson and Richard A. Hutton for Petitioner.

No appearance for Respondent.

No appearance for Real Party in Interest Fernando Tellez.

Jackey Lacey , District Attorney, Phyllis Asayama and Cassandra Hart , Deputy District Attorneys, for Real Party in Interest the People.


OPINION

KITCHING, J.

INTRODUCTION

In this case, we hold a trial court does not have jurisdiction to modify a defendant's probation to impose restitution after the defendant's probationary term has expired. Such a modification would be erroneous as an act in excess of the trial court's jurisdiction. Moreover, to hold otherwise would subject a defendant placed on probation to a lifetime restitution obligation and there...

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