P.

Filed 7/30/13 P. v. Hatzell CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A136286

v. TIMOTHY MARK HATZELL, (Solano County Super. Ct. No. FCR277485) Defendant and Appellant.

Defendant Timothy Mark Hatzell entered a no contest plea to one count of grand theft by embezzlement (Pen. Code, §§ 487, subd. (a), 503). The trial court placed him on three years’ probation on the condition that he serve 90 days in jail and pay restitution to the victim. After a restitution hearing, the court ordered defendant to pay restitution in the amount of $40,695. Defendant contends the restitution order is not supported by substantial evidence. Defendant also contends the trial court abused its discretion by failing to employ a…