P. v. Jenvey
Defendant Jennifer Jenvey admitted cashing three forged checks that had been stolen from mailboxes near her home, but told police that she was trying to earn a little extra money by cleaning the residence of James Luke and Suzanne English, and that she was given the checks by Luke to purchase cleaning supplies. Prior to her arrest, defendant returned to the liquor store and gave the owner back $450 for one of the cashed checks, plus $20 to cover the bank service fee.
Defendant was arrested and charged with three counts of felony forgery. In exchange for a promise of no state prison at the outset and the dismissal of two counts with a Harveywaiver (People v. Harvey (1979) 25 Cal.3d 754), she entered a negotiated plea of no contest to one count of forgery. The entry of plea form that she signed included a Harvey waiver.
At sentencing, the parties submitted the matter on the probation report. The trial court suspended the imposition of sentence and placed defendant on formal probation for three years. Consistent with the recommended terms and conditions contained in the probation report, defendant was ordered to serve 90 days in jail (minus applicable credits) and to pay specified fees and fines, including a victim restitution fine in the amount of $920 ($620 to be paid to Denise Preciado and $300 to be paid to First USA Management Services).
On appeal, defendant contends the $920 victim restitution fine was unauthorized and not supported by substantial evidence. Court affirm the judgment.
Comments on P. v. Jenvey