P. v. Burch
Defendant Alfred E. Burch Jr. entered a negotiated plea of no contest to attempted first degree burglary (Pen. Code 459, 664)[1] in exchange for dismissal of a murder charge and firearm enhancement. He was placed on probation. One of the probation conditions is that he pay restitution to the family of the murder victim for medical and funeral expenses. Defendant contends the trial court lacked authority to impose that probation condition because the court did not take a Harvey waiver on the murder charge. (People v. Harvey (1979) 25 Cal.3d 754 (Harvey).) Court disagree and affirm.
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