Hartley

Defendant appeals from his conviction, pursuant to his guilty plea, of grand theft in violation of Penal Code section 487, subdivision 1. As a condition of probation defendant was ordered to pay the victim, DeAnne McKelroy, the sum of $2,768 in restitution. On appeal, defendant claims the court erred in denying his request for a hearing both as to his ability to pay restitution and as to the value of the property stolen from Ms. McKelroy.

Discussion

Defendant challenges imposition of restitution as a condition of probation without benefit of a hearing. We agree that defendant is entitled to a hearing on his ability to pay, as well as the replacement value of the goods which were taken.

As amended in 1982, Penal Code section 1203.1 provides in pertinent part: “The court or judge thereof, in the order granting probation, may suspend the imposing, or the execution of the sentence and may direct that such suspension may continue for such period of time not exceeding the maximum possible term of such sentence, . . . The court, or judge thereof, in the order granting probation and as a condition thereof . . . shall provide for restitution in proper cases; and may require…