P. v. Garcia-Cornejo
Defendant Ramon Garcia-Cornejo pleaded no contest to second degree robbery in the theft of marijuana plants, admitted he was armed with a firearm, and also admitted being an accessory after the fact to the crime of evading an officer causing injury. Sentenced to six years in state prison, defendant also was ordered to pay, jointly and severally with his codefendant, restitution totaling $171,652 to two people injured in the car crash that followed his codefendant's attempt to evade police.
On appeal, defendant contends his trial counsel provided ineffective assistance at sentencing by (1) failing to urge the court to impose a lesser sentence, and (2) failing to object to the restitution order.
The latter contention has merit. We shall reverse the restitution order and remand for the trial court to conduct a restitution hearing.
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