I need some ideas for a case I'm working on.
Def committed a burglary of a building, stealing approximately $5000 in cash. During the police investigation, a large amount of cash was found in the Def's vehicle (approximately $5600). cash is taken into evidence by police. Def pleads not guilty and goes to trial. At trial the money is placed into evidence. Def found guilty by jury. Def goes to jury for sentencing. Jury recommends probation. Judge orders PSI. At sentencing no order for restitution is made by Court, even court stated after jury verdict that restitution would be made. Post-trial, state files motion to place money into the registry of the court.Def files notice of appeal. Conviction affirmed on appeal. I now want to get money out of registry and to the victim. How should I proceed?
Since the court has jurisdiction of the money (now in the registry) and ownership has already been litigated at the criminal trial, it seems like it can simply order it returned to the owner under CCP 47.02.
that's what i tried to do...drafted a motion to withdraw funds. the defendant appeared and contested the motion to withdraw funds. the trial court is concerned that he can not order the funds to be paid to the victim in the absence of a restitution provision in the judgment.
I've looked at maybe doing a restitution lien affidavit. It just seems that there should be some way to not let the burglar keep the fruits of his endeavor, but I am unsure how to accomplish that
How about amending the conditions of probation to require restitution to the victm from the proceeds offered into evidence?
Ken, i like that idea. will give it a go
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