California v. Cooks
Annotate this CaseAt sentencing, counsel stated that her client, defendant Eric Cooks waived his right to appear at any future restitution hearing. The court noted the waiver orally and in its sentencing minute order. Cooks appealed, claiming he never validly waived his right to be present at a future restitution hearing. At the time of his appeal, a restitution hearing had not yet taken place. The Court of Appeal concluded that until a restitution hearing takes place in Cooks’s absence, any error from an invalid waiver was hypothetical and not concrete. Concluding the claim was not yet ripe for appellate review, his appeal was dismissed.
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