People v. Berlin
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Monica Berlin was charged with felony stalking and six misdemeanors, including two restraining order violations and four protective order violations. In March 2020, the trial court suspended criminal proceedings and placed Berlin on mental health diversion. After successfully completing the diversion program, Berlin moved to dismiss the criminal charges in March 2022. However, the prosecution argued that the case could not be dismissed until the court awarded restitution. The court scheduled further proceedings on the motion to dismiss and the restitution issue.
The trial court ruled in May 2022 that it had the authority to award restitution. Berlin's counsel objected, arguing that the court could not award restitution after the end of the period of diversion. After the court rejected her argument, Berlin's counsel stated that Berlin would prefer to withdraw from diversion and avoid a restitution award by winning an acquittal at trial. In August 2022, the trial court ordered Berlin to pay over $17,000 in restitution to the victim and the California Victim Compensation Board, dismissed the criminal charges, and ordered the case sealed.
The Court of Appeal of the State of California First Appellate District Division Five reversed the trial court's restitution orders. The appellate court found that the trial court had ordered the restitution after the end of the statutory maximum two-year period of diversion, which was not permitted under the relevant statute. The statute only allowed the trial court to order restitution "during the period of diversion." Therefore, the trial court's restitution orders were reversed, but its other orders were affirmed.
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