People v. Foster

*943Opinion

DABNEY, J.

A jury found defendant Terry Foster guilty of residential burglary (Pen. Code, § 459)1 and not guilty of arson (§451, subd. (b)). The court imposed five years’ supervised probation on the conditions, among others, that Foster (1) pay a $4,000 restitution fine, to be stayed upon successful completion of probation; (2) serve 365 days in county jail; (3) pay $7,040 plus a 10 percent fee as restitution to Farmers Insurance Company; and (4) pay $8,000 plus a 10 percent fee as restitution to the victim.

On appeal, Foster claims that: (1) in ordering restitution to the victim, the…