P. v. McQueen
Defendant William McQueen represented himself as a licensed contractor to COPE Centro Familiar (COPE), a non-profit organization that provides childcare to economically disadvantaged families. COPE contracted with defendant to construct a daycare center and preschool classrooms. An investigation of the construction projects revealed that defendant did not have a contractors license and was using another contractors license number. Defendant subsequently pleaded no contest to one felony count of fraudulent use of a contractors license number in violation of Business and Professions Code section 7027.3. The trial court placed defendant on probation for five years on the condition that he serve 180 days in county jail and pay victim restitution of $680,406.
On appeal, defendant contends that the restitution order must be reversed because (1) there is no credible evidence to support the amount of $62,698 included in the restitution order to reimburse COPE for costs incurred in attempting to complete the construction projects; (2) the trial court erred in failing to allow an offset of $178,670; and (3) trial counsel was ineffective in failing to make a proper evidentiary showing with respect to the offset claim.
For reasons that court explain, court find no merit in defendants contentions and therefore court affirm the judgment.
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