Gholipour v. Superior Court
Annotate this CaseIn this case, the Court of Appeal denied a petition for a writ of mandate challenging an order by which the trial court retained jurisdiction to determine the amount of petitioner's restitution. In 2014, petitioner Golnaz Gholipour was charged and convicted of multiple counts of perjury and workers' compensation fraud. The trial court imposed a split six-year sentence, with three years to be served in local custody and three years to be served under mandatory supervision. Following Gholipour's conviction, the trial court entered a restitution award. Gholipour appealed both the judgment of conviction and the trial court's restitution order. In April 2016, while her appeal was pending, Gholipour completed the in-custody portion of her sentence, was released on mandatory supervision and began living in Orange County. Shortly after her release from custody, Gholipour moved to transfer her case and supervision to Orange County pursuant to section 1203.9, which was granted. On June 29, 2016, the Court of Appeal filed its opinion affirming the judgment of conviction; however, the Court reversed the trial court's restitution order and expressly remanded the case to the trial court to conduct further restitution proceedings consistent with the Court of Appeal’s opinion. As the Court of Appeal interpreted Penal Code section 1203.9, although petitioner's case was transferred from the trial court to the superior court of another county while her appeal from her workers' compensation fraud conviction was pending, the trial court in which she was convicted retained jurisdiction over imposition of restitution so that when the Court of Appeal vacated the trial court's initial restitution order, the trial court had the power to impose a new restitution order consistent with our instructions on remand.
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