Baumann
People v. Baumann
Opinion
Opinion
Staniforth, J.
Pursuant to a plea bargain, defendant Davida Baumann pled guilty to one of six counts of embezzlement charged in an information alleging each theft to be in excess of $200. In exchange for the plea, the district attorney dismissed the five remaining counts. At the time the court accepted the plea, the court also took a Harvey waiver from Baumann. (People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ].)
A restitution hearing was conducted over several days at which witnesses, including Baumann, testified and evidence was taken on the issue of the extent of the victim’s, Jack Siggson, loss. At the conclusion of the hearing, Baumann was granted probation on condition, inter alia, she make restitution to the victim in the amount of $20,419.15.
Baumann appeals the order of restitution contending it is excessive in that it is based not only on the count to which she pleaded guilty or on the dismissed counts alleged in the information but on uncharged offenses as well. Baumann also contends the order of restitution is violative of various constitutional rights. We find none of Baumann’s contentions has merit and affirm the judgment and the condition of…