People v. Bowerman

Judge LICHTENSTEIN

dissenting.

I respectfully dissent. My point of disagreement lies in the majority's conclusion that defendant's postconviction claim does *318not raise the issue whether the restitution order was "authorized by law." I perceive defendant's claim to raise this issue, and as such the claim is not time barred.

Defendant's postconviction motion in the trial court raised two types of legal challenges to the restitution order; it asserted that "the restitution order was not authorized by law and was imposed in violation" of the law. Defendant's motion indeed challenged the manner in…