Hilton v. Superior Court

Opinion

KITCHING, J.

INTRODUCTION

In this case, we hold a trial court does not have jurisdiction to modify a defendant’s probation to impose restitution after the defendant’s probationary term has expired. Such a modification would be erroneous as an act in excess of the trial court’s jurisdiction. Moreover, to hold otherwise would subject a defendant placed on probation to a lifetime restitution obligation and there would be no end to the restitution orders trial courts could impose on such a defendant.

Our holding is based largely on In re Griffin (1967) 67 Cal.2d 343 [62 Cal.Rptr. 1, 431 P.2d…