P. v. Winchell CA4/1
Appellant Karl Eric Winchell, a jewelry store owner who sold jewelry on consignment, was convicted by a jury of one count of grand theft (Pen. Code, § 487, subd. (a)) and nine counts of embezzlement (§ 506) involving property or funds he misappropriated from different victims. The jury found that the value of the property misappropriated was more than $100,000 and less than $500,000. Winchell was sentenced to prison, but the court suspended execution of the sentence and placed him on formal probation for five years. The court also conducted a hearing to determine the amount of victim restitution (§ 1202.4, subd. (f)), ultimately ordering restitution in the total amount of $111,200. Winchell now appeals the restitution order, arguing that (1) he was deprived of his right to a jury trial on the amount set by the restitution order, and (2) there was inadequate evidence to support the amount set by the court.
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