P. v. Akiyoshi
Defendant was charged with 20 counts of felony vandalism of buses belonging to the Metropolitan Transit Authority (MTA). He pleaded no contest to three counts. Defendant entered into a Harvey waiver,[1] and was sentenced to five years of probation and 500 hours of graffiti removal. The court further ordered defendant to pay MTA restitution in the amount of $34,814 pursuant to Penal Code section 1202.4. Defendant appeals, contending there was insufficient evidence to justify the trial courts restitution order. We hold there was insufficient evidence to support a portion of the restitution order, and direct that the order be modified to reflect an award of $30,814.
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