P. v. Swift
Defendant was convicted in a jury trial of receiving stolen property. Defendant appeals from the judgment of the conviction, contending that (1) there was insufficient evidence to support his conviction; (2) the trial court erred in failing to instruct the jury on the definition of possession; (3) the trial court abused its discretion in ordering restitution in the amount of $665; and (4) his sentence is unconstitutional under Blakely v. Washington. Court agrees that the trial court abused its discretion in ordering defendant to pay $665 in restitution and order the abstract of judgment amended to reflect restitution in amount of $370. Court reject defendant's remaining contentions and affirms in all other regards.
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