Introducing ATLASLearn more
Legal Opinion

People v. Gemelli

California Court of Appeal

Decided April 18, 2008No. E043682PublishedCited by 51 opinions

1Opinion of the Court

Opinion

RAMIREZ, P. J.

Defendant Brenda Marie Gemelli pled guilty to second degree commercial burglary and appeals the amount of restitution ordered by the trial court pursuant to Penal Code section 1202.4, subdivision (f). She contends the amount of restitution ordered is not supported by substantial evidence, because the trial court solely relied on the victim’s unverified statement of losses and arbitrarily rejected her testimony disputing some of the items listed on the victim’s statement.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant worked as a bookkeeper at a restaurant. The restaurant was…

2Cases cited9 opinions

  1. Bowers v. BernardsCalifornia Court of Appeal · 1984
  2. People v. BirkettCalifornia Supreme Court · 1999
  3. People v. CarpenterCalifornia Supreme Court · 1999
  4. People v. KEICHLERCalifornia Court of Appeal · 2005
  5. People v. BakerCalifornia Court of Appeal · 2005

4 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. People v. HolmbergCalifornia Court of Appeal · 2011
  2. People v. TabbCalifornia Court of Appeal · 2009
  3. People v. WeathertonCalifornia Court of Appeal · 2015
  4. Walker v. Appellate Div. of the Superior Court of L. A. Cnty., California Court of Appeal, 5th District2017
  5. People v. Montiel, California Court of Appeal, 5th District2019

46 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API