P. v. Craig
Pursuant to a plea agreement, defendant Kent Craig, Jr., pled to one count of robbery with a gun enhancement. (Pen. Code,[1] §§ 211, 12022.5.) At sentencing, the court ordered defendant to pay $1,718 in restitution directly to the victims for their losses from the robbery and $1,542 to the Victims of Violent Crimes Program (VVCP), pursuant to section 1202.4, subdivision (f).
On appeal, defendant contends the $1,542 restitution award to the VVCP is punishment and, as such, cannot be imposed on judicially determined facts without violating the Sixth Amendment, citing the recent United States Supreme Court case of Southern Union Co. v. United States (2012) 567 U.S. ___ [183 L.Ed.2d 318] (Southern Union), and Apprendi v. New Jersey (2000) 530 U.S. 466 [147 L.Ed.2d 435] (Apprendi) as well as Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely).
We conclude defendant was not entitled to a jury trial prior the imposition of the restitution order, and shall affirm the judgment.
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