Rowland

People v. Rowland

Good Law
1988 Cal. App. LEXIS 1093·206 Cal. App. 3d 119·253 Cal. Rptr. 190
Court of Appeal of CaliforniaNovember 23, 1988H003599California2,708 words

Opinion

Opinion

Brauer, J.

Pursuant to a plea bargain, Peter Louis Rowland pleaded no contest to one count of grand theft (Pen. Code, §§ 484, 487, subd. 1). The trial court sentenced him to three years in state prison. The clerk’s minutes and an amended abstract of judgment indicate the trial court also ordered Rowland to pay $611,478 in direct restitution to the victims.

Rowland contends the trial court did not order restitution to the victims and that the notations regarding restitution must consequently be stricken from the amended abstract of judgment.

The People contend full and direct restitution was ordered, but concede there was no statutory authority to support the form and amount of restitution imposed. They ask that we remand the case for imposition of a restitution fine in compliance with the applicable statutes. Rowland opposes remand.

We strike the direct restitution order on the ground it does not accurately reflect the judgment of the court and, in any event, would be improper as an adjunct to a prison sentence, and remand for imposition of a restitution fine pursuant to Government Code section 13967, subdivision (a).

Material Facts

The facts of the underlying offenses are not…

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