P. v. McClure
Defendant Robert Glenn McClure pled no contest to receiving property stolen from an optical business. The trial court sentenced defendant to state prison for three years and ordered him to pay victim restitution of $10,180.
A week after sentencing, defendant sought reconsideration of the victim restitution order. Defendant argued that an order that he pay the victim's entire loss from the burglary was improper, because he neither pled guilty to burglary nor entered a Harvey[1] waiver as to any burglary charge. The trial court declined to consider defendant's request on the ground it had lost jurisdiction to modify the victim restitution order when it committed defendant to state prison.
On appeal, defendant contends, and the People concede, that the trial court erred in concluding it had no jurisdiction to consider a request by defendant to modify the victim restitution order.
We agree. â€
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