People v. Lunsford

In People v. Lunsford (1998) 67 Cal.App.4th 901, the sentencing judge indicated he did not know whether or not there were actual restitution costs "'such as for the final medical bills, or burial expenses, but if there are such costs, I do assess those and order restitution to be paid by the defendant in an amount to be determined by the Office of Revenue Recovery . . . .'" (Lunsford, supra, 67 Cal.App.4th at p. 903.) The Court held the restitution order complied with section 1202.4, subdivision (f) in that it "'directed'" the Office of Revenue Recovery to "'determine'" the amount of victim restitution "because the proper amount could not be ascertained at the time of sentencing." (Lunsford, supra, 67 Cal.App.4th at p. 903.) The Court advised in Lunsford , "If defendant is dissatisfied with the agency's determination, he may obtain judicial review in accordance with Penal Code section 1202.4, subdivision (f)(1) . . . ." (Lunsford, supra, 67 Cal.App.4th at p. 904.)