People v. Harvest

*645Opinion

HANLON, P. J.

In People v. Hanson (2000) 23 Cal.4th 355 [97 Cal.Rpfr.2d 58, 1 P.3d 650], our Supreme Court held that the double jeopardy provisions of the California Constitution prohibited a trial court from increasing a statutorily mandated restitution fine following retrial after appeal. The issue presented here is whether the same result applies to direct restitution to victims of crime. We conclude that court-ordered victim restitution imposed for the first time at a resentencing following appeal is not punishment and is therefore not constitutionally barred.

Background

Defendant…