Bartell

People v. Bartell

Good Law
170 Cal. App. 4th 1258·2009 Cal. App. LEXIS 143·88 Cal. Rptr. 3d 844
Court of Appeal of CaliforniaFebruary 4, 2009C058918California1,030 words

Opinion

Opinion

Nicholson, J.

We hold that a bank is a direct victim, entitled to victim restitution, when a person forges checks drawn on the bank.

BACKGROUND

With several cases pending against defendant Sheila Renee Bartell, the parties agreed to a plea bargain whereby defendant pleaded guilty to second degree burglary and two counts of possession for sale of methamphetamine in exchange for the dismissal of other charges with a Harvey waiver. (See People v. Harvey (1979) 25 Cal.3d 754 [ 159 Cal.Rptr. 696 , 602 P.2d 396 ] (Harvey).)

The People also agreed not to file charges arising from three cases still under investigation, and the parties agreed defendant could be ordered to reimburse the victims in those cases. In one of those cases, Rita E. reported her checkbook had been stolen and she later reported three forged checks had cleared. The cleared checks were for $150, $140 and $300, for a total of $590. Those forgeries were linked to defendant and Victoria Gonzalez.

The probation report stated that Wells Fargo Bank “covered the cost” of these three forged checks, and recommended restitution to Wells Fargo Bank in the amount of $590, plus an administrative surcharge. The trial court granted…

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