People v. Wong CA1/1

BACKGROUND

We summarize only the facts and procedural background relevant to the one issue on appeal. Defendant was determined to have “exclusive control” of three warehouses used for a marijuana growing operation. At each, PG&E’s metering equipment was bypassed, enabling defendant to use large amounts of electricity for the cultivation operation without paying for it.

1 After police discovered the operation and seized 5,414 marijuana plants, the district attorney charged defendant with cultivating marijuana (Health & Saf. Code, § 11358) and possession of marijuana for sale (Health & Saf. Code, § 11359). Pursuant to a negotiated disposition, defendant pleaded no contest to the cultivation count, and the remaining count was dismissed on the district attorney’s motion. In accordance with the plea deal, the trial court suspended imposition of the sentence and placed defendant on five years of probation. As part of the plea agreement, defendant agreed to pay PG&E restitution in an amount to be determined at a later hearing. PG&E sought $393,939.93 for the value of the electricity defendant had stolen from it.1 At the restitution hearing, a PG&E investigator testified the amount was…