PEOPLE v. BUFFORD

Filed 1/12/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

            The People appeal an order denying their motion to set the amount of victim restitution payable by defendant Angela Bufford.  We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

            In 1997, defendant and several codefendants were charged with multiple offenses involving elderly victims.  The trial court dismissed three of the counts, and the People appealed.  In February 2000, while the appeal was pending, defendant pled guilty to one count of elder theft from alleged victim Richard Nelson.  When it took the plea, the court made clear that a restitution order would be specific to Mr. Nelson and not to a specific count of the 96 count indictment.  Defendant's counsel replied, â€