P. v. May
This case stems from remodeling work defendant Claude Rick Givens May III did for homeowners Suzanne Micha Sommer and Steven Sommer. Later charged with four counts for unlicensed contracting, May pled guilty to a misdemeanor count of contracting without a license (Bus. & Prof. Code, 7028; count two), with other counts dismissed and any restitutionpotentially as much as $123,000 as then sought by the Sommersto be set after a hearing. The court suspended imposition of sentence, granted probation and set the restitution hearing.
This appeal by May challenges a January 31, 2007, order to pay the Sommers restitution and interest totaling $98,339 (Pen. Code, 1202.4), in monthly payments of $4,000. May claims that the court abused its discretion by (1) creating a windfall by awarding losses plus a full refund, (2) declining to credit him with $10,000 for a construction bond payment the Sommers received, (3) awarding them $5,000 for lost income, and (4) ordering monthly payments without determining his ability to pay. Court reverse and remand on point (1), otherwise affirm the award, and find issue (4) moot given the need for remand.
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