P. v. White
Convicted by plea of six felonies relating to construction fraud with excessive loss and white collar crime findings, defendant Bruce Wayne White was sentenced to state prison for an aggregate term of six years, execution suspended, and was placed on probation for 10 years. The court ordered defendant to serve a year in jail, to pay, among other things, victim restitution in the amount of $210,000 at the rate of no less than $1,750 per month commencing 30 days upon release from jail, and to submit financial declarations to probation every two months. The court revoked defendant’s state contracting license.
A petition for revocation of probation was filed June 14, 2011, alleging that defendant failed to obey all laws and failed to pay restitution.
After a contested hearing, the court sustained both allegations finding that defendant drove under the influence of alcohol or drugs and willfully failed to make restitution payments.
The court terminated probation and executed the six-year sentence.
Defendant appeals. He contends insufficient evidence supports a finding that he had the ability and willfully failed to pay restitution. He does not challenge the evidence supporting the DUI finding. He claims remand is required because the record does not reflect the court would have terminated probation solely on the DUI finding. Concluding that sufficient evidence supports the trial court’s finding that defendant willfully failed to pay restitution, we will affirm.
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