P. v. McBade
Defendant Wanda McBade pleaded no contest to a charge of felony embezzlement (Pen. Code, 508, 487, subd. (a)).[1] The trial court ordered defendant to pay restitution of certain amounts to her former employer, City Mechanical, Inc. (City Mechanical). However, the court did not award some categories of restitution requested by the prosecutor, including: (1) attorney fees incurred by City Mechanical to establish defendants wrongdoing in a civil action that preceded the criminal prosecution; (2) income lost by City Mechanicals principals, Ronald Tinkey and Russell Will, as a result of the time they spent attending and testifying at the civil trial; and (3) lost income and professional fees resulting from the attendance of Tinkey, Will, and other potential witnesses at the restitution hearing. The People appealed the restitution order. Because the court did not award the requested categories of restitution, and did not state on the record any compelling and extraordinary reasons for not doing so, as required by section 1202.4, subdivision (f), we reverse the restitution order and remand for the court to conduct further proceedings and to make findings as to whether, and in what amount, if any, to award restitution for these claimed losses.
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