Scroggins

David Lee Scroggins pleaded guilty to receiving stolen property (Pen. Code, § 496, subd. 1) in return for a commitment not to oppose local time. On appeal from the ensuing judgment, he seeks to overturn a condition of probation that he pay restitution to various burglary victims of $2,366 during his five-year period of probation. He also complains on appeal he was denied a hearing to establish the actual losses proximately caused by his criminal conduct and he was not given full credit for time he had already served.

Facts

On December 13 and 14, 1985, burglaries occurred in four apartment units in a Pacific Beach complex. Items taken included video cassette recorders, television sets, cameras, jewelry, telephone answering machines, purses and a blood pressure cuff. Scroggins was residing in the complex with his sister. She discovered several pieces of property, which she knew did not belong to her brother. She contacted the apartment manager and a security officer who identified the property as listed stolen by other complex residents. Police were summoned. The officers confiscated the stolen items (a blood pressure cuff, a television and a cassette player) and arrested…