Young

People v. Young

Good Law
1995 Cal. App. LEXIS 914·38 Cal. App. 4th 560·45 Cal. Rptr. 2d 177·95 Daily Journal DAR 12713·95 Cal. Daily Op. Serv. 7435
Court of Appeal of CaliforniaSeptember 21, 1995A066212California3,452 words

Opinion

Opinion

Phelan, J.

Appellant Robert Lee Young appeals a judgment of May 25, 1994, which requires him to pay $19,507.53 in restitution to the victim of his crime, P.C. Sacchi, Inc. We conclude the trial court properly imposed this restitution requirement upon appellant, despite the fact that it was not included as part of the initial sentence, execution of which was suspended, but rather was imposed as a condition of probation which was later revoked.

Background

On December 29, 1992, the Humboldt County District Attorney filed a complaint in Eureka Municipal Court charging appellant with two counts of a violation of Vehicle Code section 1085.1, subdivision (a) (auto theft). Appellant pleaded guilty to one count, involving the theft and destruction of a 1993 Chevrolet pickup from P.C. Sacchi, Inc., in exchange for a promise of a grant of probation and dismissal of the second count with a Harvey reservation. (People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ].) On March 3, 1993, the court sentenced appellant to three years in state prison. Execution of this prison sentence was suspended, and he was placed on probation for a period of five years. One of the conditions…

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