Friscia

We modify conditions of probation to strike the restitution order, and affirm the judgment as modified.

Background

Defendant pled guilty to embezzlement from her employer, a small preschool/kindergarten, owned by two partners, Bea Elliott and Linda Huss. At a hearing to determine restitution, the amount of the loss was set at over $47,000. Defendant’s father, giving her an advance on her inheritance, paid restitution of $48,743.50, which included attorney fees, bank fees, and the changing of locks at the school. This repayment is not an issue in this appeal.

The authorities had refused to prosecute the case until an accounting determined the amount of the loss. Elliott and Huss were unable to afford the fees of up to $150 per hour charged by an accountant, so they determined to do it themselves. With some advice from an accountant about the most common places to look, they spent 222.25 hours in an extensive search through their records before they were able to determine the exact amount defendant had embezzled.

The trial court put defendant on probation and ordered her to pay Elliott and Huss $11,112.50 for their time (at $50 per hour) spent putting the case together…