California v. Pierce
Annotate this CaseDefendant Derek Pierce appealed following the trial court’s modification of an order requiring defendant to pay restitution to various victims. Defendant argued: (1) the trial court erred in modifying the restitution order without vacating the prior order to avoid duplication of the restitution award; (2) the trial court erred in imposing restitution for damages caused by a codefendant because the People explicitly waived the claim; and (3) if both or either of these claims is forfeited due to trial counsel’s failure to object, counsel provided ineffective assistance. After review, the Court of Appeal concluded: (1) the trial court did not err in modifying the restitution order because its modification superseded the prior order; (2) the People’s decision not to seek restitution relative to the codefendant’s car crash in the initial restitution hearing did not waive the victims’ right to seek restitution later; and (3) trial counsel was not ineffective in failing to object because such an objection would have been meritless. Therefore, the Court affirmed the judgment.
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