Jul. 18, 2023 – People v. Marquez (4th Dist., Div. 1, D080411)

The Court of Appeal affirms the trial court’s victim restitution order, rejecting defendant’s argument that, under People v. Arbuckle (1978) 22 Cal.3d 749, the same judge who accepted her guilty plea and sentenced her to prison should have also been the judge to determine victim restitution. The court reasons that “although a victim restitution award is ultimately included in a defendant’s sentence, determination of the amount of restitution is outside the scope of discretionary sentencing choices which are an inherently significant factor in the defendant’s decision to enter a guilty plea.”