Can a victim, the district attorney, or the victim, request to amend or amend a sentence when the sentence is invalid due to the omission of a restitution order or fine?

California, United States of America


The following excerpt is from People v. Waters, 194 Cal.Rptr.3d 316, 241 Cal.App.4th 822 (Cal. App. 2015):

Pursuant to section 1170, subdivision (d), a trial court generally does not have open-ended jurisdiction to modify a sentence; the court's jurisdiction expires after 120 days. (People v. Willie(2005) 133 Cal.App.4th 43, 49, 34 Cal.Rptr.3d 532.) Section 1202.46 sets forth an exception to this rule for the purposes of determining restitution: Notwithstanding Section 1170, when the economic losses of a victim cannot be ascertained at the time of sentencing ..., the court shall retain jurisdiction over a person subject to a restitution order for purposes of imposing or modifying restitution until such time as the losses may be determined. Nothing in this section shall be construed as prohibiting a victim, the district attorney, or a court on its own motion from requesting correction, at any time, of a sentence when the sentence is invalid due to the omission of a restitution order or fine without a finding of compelling and extraordinary reasons pursuant to Section 1202.4.

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