Is restitution as a condition of probation governed by section 1203.1 rather than section 1202.4?

California, United States of America


The following excerpt is from People v. Naegele, 2d Crim. No. B255370 (Cal. App. 2016):

In any event, the claim lacks merit. The court ordered restitution as a condition of probation, not as an adjunct to a prison sentence. Restitution as a condition of probation is governed by section 1203.1 rather than section 1202.4, which governs restitution orders when the defendant is sentenced to prison. The distinction between the two statutes is important, because "the scope of a trial court's discretion is broader when restitution is imposed as a condition of probation." (People v. Giordano, supra, 42 Cal.4th at p. 664, fn. 7.)

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