P. v. Oliver
Defendant pleaded guilty to first degree burglary (Pen. Code, 459, 460, subd. (a)) in exchange for dismissal with a Harvey (People v. Harvey (1979) 25 Cal.3d 754) waiver of one count of second degree burglary (Pen. Code, 459, 460, subd. (b)), four counts of theft of a firearm (Pen. Code, 487, subd. (d)(2)), and one count of theft of more than $400 of property (Pen. Code, 487 (a)). Defendant was sentenced to four years in prison, and ordered to pay $12,180.25 in restitution to the victim (Pen. Code, 1202.4, subd. (f)). Defendant argues, and court agree, that the restitution order was not supported by substantial evidence and that a new restitution hearing is required.
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