People v. Snow
141 Cal. Rptr. 3d 41
Cal. Ct. App.2012Background
- Defendant Ronald J. Snow pled no contest to false imprisonment under a plea agreement.
- He was placed on three years of formal probation with restitution to be determined later.
- A restitution hearing ordered $44,994.85 plus interest for lost wages, medical bills, and security costs.
- Snow challenged the restitution amount as not supported by substantial evidence and challenged a dental bill under Harvey.
- The November 2005 assault (unccharged) was not charged in the information and thus not dismissed as part of the plea bargain.
- The court later ordered restitution for the dental crown and other losses as a condition of probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Harvey rule applicability to uncharged dental crown | Harvey bars restitution for uncharged conduct | Harvey waiver or deal excludes uncharged acts | Harvey not violated; uncharged act not governed by Harvey waiver |
| Harvey waiver scope for uncharged incidents | Waiver covers all dismissed/uncharged acts | Waiver did not expressly include November 2005 incident | No Harvey waiver required for uncharged incident; restitution permitted as probation condition |
| Propriety of restitution for eye injury and medical costs | Restitution supported by relation to the offense | Restitution not supported by the record | Restitution for eye injury and medical costs upheld as related to offense |
| Restitution as a valid probation condition | Restitution reasonably related to offense and deterrence | Restitution improper or excessive | Restitution condition valid and reasonably related to deterrence and rehabilitation |
Key Cases Cited
- People v. Harvey, 25 Cal.3d 754 (Cal. 1979) (Harvey waiver concept for dismissed counts in sentencing)
- People v. Martin, 51 Cal.4th 75 (Cal. 2010) (Harvey waiver context; implied terms of plea agreements)
- People v. Goulart, 224 Cal.App.3d 71 (Cal. App. 1990) (Harvey waiver and uncharged conduct considerations)
- People v. Baumann, 176 Cal.App.3d 67 (Cal. App. 1985) (Restitution involving dismissed counts and waivers)
- People v. Percelle, 126 Cal.App.4th 164 (Cal. App. 2005) (Restitution as probation condition regardless of conviction)
- People v. Carbajal, 10 Cal.4th 1114 (Cal. 1995) (Restitution as probation condition related to deterrence and rehabilitation)