P. v. Malke CA4/1
The People charged Kenneth George Malke with felony vandalism (Pen. Code,
§ 594, subd. (a)(b)(1)) but he pleaded guilty to the lesser included offense of misdemeanor vandalism (§17, subd. (b)), admitting he had "intentionally damaged property owned by another and the damage was $400 or more." He agreed to pay restitution. The court sentenced Malke to three years summary probation and imposed a $16,202.30 restitution fine.
Malke appeals the restitution order, contending: (1) the court reversibly erred by holding a restitution hearing in his absence and without his knowing and intelligent waiver; (2) in ordering him to pay $9,138 in restitution for additional security officers, the court erroneously failed to apply tort principles of proximate causation and foreseeability; and (3) in ruling on the issue of additional security officers, the court erroneously relied on its own personal experience. We affirm the order.
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