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Legal Opinion

People v. Phu

California Court of Appeal

Decided November 17, 2009No. C060511PublishedCited by 16 opinions

1Opinion of the Court

Opinion

NICHOLSON, J.

After pleading no contest to conspiracy to sell marijuana (Pen. Code, § 182, subd. (a)(1); Health & Saf. Code, § 11360), defendant Van L. Phu was sentenced to two years in state prison. Following a restitution hearing, defendant was ordered to pay $24,752.35 to the Sacramento Municipal Utility District (SMUD).

Defendant appeals, claiming the trial court abused its discretion in setting the amount of restitution. We conclude there was a rational basis for the trial court’s order, although we will adjust the amount of restitution to $24,704.91 to conform to the evidence…

2Cases cited5 opinions

  1. People v. GiordanoCalifornia Supreme Court · 2007
  2. People v. BakerCalifornia Court of Appeal · 2005
  3. People v. FosterCalifornia Court of Appeal · 1993
  4. People v. BaumannCalifornia Court of Appeal · 1985
  5. People v. MearnsCalifornia Court of Appeal · 2002

3Cited by16 opinions

  1. People v. RunyanCalifornia Supreme Court · 2012
  2. People v. HolmanCalifornia Court of Appeal · 2013
  3. The People v. GuillenCalifornia Court of Appeal · 2013
  4. People v. StanleyCalifornia Supreme Court · 2012
  5. People v. MartinezCalifornia Court of Appeal · 2017

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