People v. Lentino CA1/1

INTRODUCTION

Defendant Vanessa Lentino appeals from the sentence and restitution order imposed by the court. She pled no contest to grand theft by embezzlement of more than $100,000 from her employer. Defendant argues the court imposed the upper-term sentence of three years on the basis of improper aggravating circumstances, and that the amount of restitution ordered by the court is excessive. We find the trial court neither relied on improper aggravating circumstances nor abused its discretion in setting the amount of restitution and affirm.

STATEMENT OF THE CASE

On August 21, 2012, the Solano County District Attorney filed an information that charged defendant with grand theft by embezzlement and further alleged an enhancement for taking property valued over $65,000. (Pen. Code, §§ 487, subd. (a), 12022.6, subd.

1 (a).)1 On December 20, 2012, defendant pled no contest to grand theft and admitted the enhancement. A combined sentence and restitution hearing commenced on March 5 and ended on March 6, 2013. The sentencing and further restitution hearing took place on March 28, 2013. On that date, the court granted a defense motion to continue the restitution hearing but declined…