P. v. Roman
The issue presented in this appeal is whether defendant and appellant Edibaldo Roman had a right to a jury trial under the Sixth and Fourteenth Amendments on the issue of victim restitution under the holding in Southern Union Co. v. United States (2012) 567 U.S.__ [132 S.Ct. 2344, 183 L.Ed.2d 318] (Southern Union).) We hold defendant waived the constitutional claim by his express request that restitution be entered in specified amounts by the trial court, and in any event, victim restitution is not punishment and is beyond the reach of the constitutional right to a jury trial.
Defendant entered a plea of no contest on March 5, 2012, to a charge of carjacking in violation of Penal Code section 215, subdivision (a). Defendant agreed to an upper term sentence of nine years in state prison. As part of the agreement, the prosecution dismissed two additional felony charges and firearm and recidivist allegations. Defendant was advised that a restitution hearing would take place on a future date. He expressly waived his right to be present at that hearing.
The restitution hearing was held on April 12, 2012. Pursuant to defendant’s request, he appeared through counsel. Defendant’s counsel advised the trial court he had met with defendant the previous day and “provided him with the documentation to support our request that the court enter†restitution in the amount of $23,238.80 as to one victim and $699.89 as to a second victim. The court ordered restitution as requested by the defense. [1]
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