Cervantes

Upon a plea of nolo contendere appellant was convicted of being an accessory after the fact (Pen. Code, § 32). The sentencing court suspended imposition of sentence, placed appellant on formal probation for two years, and as a condition of probation ordered appellant to pay restitution in an amount and manner to be determined by the probation officer.

On appeal from the order granting probation, appellant contends that the condition that appellant pay restitution was improperly imposed because it constituted an unauthorized delegation to the probation officer of the court’s discretionary power to determine the propriety and amount of restitution.

Facts

The facts as summarized in the report of the probation officer, which was read and considered by the trial court before toe sentencing hearing, may be briefly summarized.

On May 23, 1982, at about 10 p.m., Ruben Valdivia fired at least two shots into the residence of Maria Vasquez. Two of the shots hit Vasquez in her neck and shoulder. Neighbors gave police officers a description of the vehicle which Valdivia had driven; soon after the shooting officers located the vehicle. Appellant was near the vehicle and was taken…