P. v. Cain CA3
Defendant Tivon Ravi Cain was charged with murder, two counts of attempted murder, and conspiracy to commit robbery, amongst other charges. Defendant pled no contest to conspiracy to commit robbery in exchange for a three-year prison term and the dismissal of the remaining charges. The trial court sentenced defendant to three years in prison and, pursuant to Penal Code section 1202.4, imposed restitution in an amount to be determined.
On appeal, defendant contends the trial court erred by imposing restitution to the victims of the murder and attempted murder because defendant did not enter a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. Because the losses for which restitution was imposed were a result of defendant’s admitted offense of conspiracy to commit robbery, we affirm.
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