P. v. Fawcett CA4/2
Defendant and appellant Whanita Rose Fawcett pled no contest to committing perjury by false application for aid (Pen. Code, § 118). In exchange, the remaining allegations were dismissed and defendant was placed on formal probation for a period of three years on various terms and conditions, including serving 270 days on work release and imposition of victim restitution following a victim restitution hearing. Following a restitution hearing, the trial court ordered defendant to pay victim restitution in the amount of $17,193.
On appeal, defendant argues: (1) the trial court violated the plea agreement when it awarded victim restitution to the Housing Authority for rental payments made prior to June 2015; (2) the trial court abused its discretion when it awarded restitution for rental payments made prior to April 2015 because the record contains a typographical error; and (3) the trial court abused its discretion when it calculated restitution based on an improper legal theory.
Comments on P. v. Fawcett CA4/2