People v. Miller

Defendant appeals from an order of the trial court modifying the terms of his probation in connection with his previous conviction of grand theft (Pen. Code, § 487). Defendant contends that the trial court invalidly increased the amount of restitution which he must pay as a condition of his probation.

Defendant was found guilty of unlawfully taking $821.60 from Robert J. Keefe. Imposition of sentence was suspended and defendant was granted probation for three years on October 1, 1963. In granting probation, pursuant to a recommendation by the probation officer, the trial court ordered that "Defendant shall. . . . Make restitution to and through the Probation Officer in such monthly installments as directed by said Officer. ’ ’ The court did not otherwise in its order specify the total amount of restitution or the persons to whom it was payable. The trial court, however, at the time of the hearing of the report of the probation officer, stated that restitution was to be made to the “victims in this case,” and also made the following statement: “Now you have got this rather, what I consider in your circumstances to be rather large restitution, in addition to which you have got all…