People v. Koontzy
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The defendant, Takeya Lashay Koontzy, pleaded no contest to fleeing the scene of an injury accident and was placed on probation with the condition that she pay victim restitution in an amount to be determined. However, due to the victim's delay in providing documentation of her damages and failure to appear on multiple dates set for restitution hearings, the trial court did not determine the amount of restitution before the termination of Koontzy's probation. More than two years post-termination, the court ordered Koontzy to pay $86,306.12 in victim restitution. Koontzy argued that the trial court was without authority to modify the amount of restitution owed to the victim following the termination of probation.
The trial court had suspended the imposition of sentence and placed Koontzy on formal probation for three years, including that she pay victim restitution in an amount to be determined. However, due to various delays, the amount was not determined until after the termination of Koontzy's probation. The prosecution sought a determination of restitution, and over Koontzy's objection, the trial court concluded it retained jurisdiction to modify the victim restitution order.
The Court of Appeal of the State of California First Appellate District Division Five agreed with Koontzy's argument. The court held that the trial court erred in modifying the restitution order after the termination of Koontzy's probation. The court reasoned that the restitution order in this case was not issued pursuant to section 1202.4, because the victim's damages were not due to Koontzy's criminal conduct. Therefore, modification of the restitution order after termination of probation could not be based on the express retention of jurisdiction in section 1202.46. The court concluded that the restitution order was a condition imposed under section 1203.1, and it was subject to the limitations in section 1203.3 permitting modification of probation conditions only during the term of probation. Accordingly, the trial court was without authority to modify the restitution order following termination of probation. The trial court's restitution order was reversed.
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