Goulart

People v. Goulart

Good Law
1990 Cal. App. LEXIS 1019·224 Cal. App. 3d 71·273 Cal. Rptr. 477
Court of Appeal of CaliforniaSeptember 26, 1990D009759California3,875 words

Opinion

Opinion

Work, J.

Jerome Patrick Goulart appeals a judgment convicting him of unlawfully interfering with a line erected and maintained by the San Diego Gas & Electric Company (SDG&E) for transmitting electricity. (Pen. Code, § 593.) In exchange, similar charges for acts committed on May 5, May 9, and July 21, 1988, counts of interfering with natural gas delivery lines on April 27, May 5, May 9, and June 7, 1988, and a “wrap around” count of tampering with a SDG&E utility meter between April 27 and July 21, 1988, were dismissed subject to a Harvey waiver. The trial court sentenced Goulart to probation subject to his paying $42,596.50 in restitution. Goulart appeals, claiming the trial court abused its discretion in imposing the restitution order. We affirm the judgment.

Factual and Procedural Background

Evidence taken at a restitution hearing during sentencing established that for more than six years, Goulart tampered with the gas and electric meters at his Lakeside home. Evidence that he had previously tampered with similar meters was also introduced. Goulart reduced his gas and electric bill by poking a hole in the plastic cover of utility meters and inserting a sewing needle which…

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