People v. Chiswick CA2/2

BACKGROUND

Defendant was charged with felonious attempted extortion in violation of Penal Code section 524,1 felony eavesdropping, in violation of section 632, subdivision (a), and misdemeanor making annoying telephone calls, in violation of section 653m, subdivision (b). Prior to the preliminary hearing defendant entered a plea of no contest to one count of attempted extortion. On September 8, 2014, the trial court placed defendant on three years of summary probation with specified conditions, including the payment of victim restitution. On April 3, 2015, after a hearing, the court ordered defendant to pay $15,658.39 in victim restitution. Defendant filed a timely notice of appeal from the order. The restitution hearing and order The victim, Mark Levine (Levine), who sought restitution in the amount of $29,484, submitted a declaration explaining his losses, which included lost wages, travel, private investigator’s fees, and $18,000 in attorney fees. Levine declared that during the time defendant made extortion demands, defendant threatened and harassed him, causing Levine to retain attorney Troy Slaten (Slaten). After several law enforcement agencies were contacted and declined…