People v. Waters: There is No Jurisdiction to Order Restitution After Probation is Successfully Completed

Ms. Waters embezzled over 20 grand from her employer.  She pled guilty and was placed on three years felony probation, a term of which was to pay a 200 dollar state restitution fine.  The court never ordered her to pay restitution to her employer.  Waters successfully completed probation and, two years after completion, returned to petition the court to reduce her conviction from a felony to a misdemeanor.  The court then realized restitution to the victim was never ordered and ordered Waters to pay back her employer the 20 grand and change she embezzled.  Waters appealed and argued the court lost jurisdiction to make the restitution order upon her successful completion of probation.  The government argued that Penal Code section 1202.46 states courts may correct "at any time" a sentence invalid for omission of a restitution order.  Waters counters that "at any time" must be read to mean at any time during probation.  

A panel from the First District agrees with Waters.  She doesn't have to pay.