P. v. Frogue
Pursuant to a plea agreement, defendant Fredrick Eugene Frogue pled nolo contendere to cultivation of marijuana. (Health & Saf. Code, 11358.) In exchange, other charges and enhancements were dismissed, and defendant was placed on probation for two years. After holding a restitution hearing and determining that electricity had been taken, without payment, from Southern California Edison (SCE) for use in the cultivation of the marijuana, the court ordered defendant to be jointly and severally liable with his two codefendants to pay victim restitution in the amount of $71,883.06. On appeal, defendant contends the court abused its discretion in ordering him to pay restitution to SCE, since he was not convicted of theft of the electricity. Court affirm.
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