People v. Hartley

Opinion

THE COURT. *

Defendant appeals from his conviction, pursuant to his guilty plea, of grand theft in violation of Penal Code section 487, subdivision 1. As a condition of probation defendant was ordered to pay the victim, DeAnne McKelroy, the sum of $2,768 in restitution. On appeal, defendant claims the court erred in denying his request for a hearing both as to his ability to pay restitution and as to the value of the property stolen from Ms. McKelroy.

Discussion

Defendant challenges imposition of restitution as a condition of probation without benefit of a hearing. We agree that defendant…