People v. Weatherton

Opinion

RICHMAN, J.

In People v. Harvey (1979) 25 Cal.3d 754, 758-759 [159 Cal.Rptr. 696, 602 P.2d 396] (Harvey) our Supreme Court held that facts underlying charges dismissed as part of a negotiated plea may not, absent contrary agreement by the defendant (now called a Harvey waiver), be used to impose adverse sentencing consequences. The principle éxpanded to cover victim restitution (e.g., People v. Baumann (1985) 176 Cal.App.3d 67, 74-75 [222 Cal.Rptr. 32]) and was soon codified. (Stats. 1988, ch. 287, § 1, p. 989, adding Pen. Code, 1 § 1192.3, subd. (b) [“If restitution is imposed which is…