People v. Dalvito

Opinion

RICHLI, J.

Defendant contends on appeal that: (1) The court erred in awarding $15,950 in restitution to the victim for a stolen diamond necklace, because the victim’s loss (the amount he owed on the necklace) had been discharged in bankruptcy. Therefore, there was no loss, and the restitution award must be reduced by $15,950 in accordance with Penal Code section 1202.4; 1 and (2) even if section 1202.4 does not apply and restitution in this case is governed by the provisions of section 1203.04, this court should reduce the award by $15,950 because the trial court abused its discretion…