P. v. Labani
Defendant Troy Bryan Labani pleaded no contest to grand theft and admitted the theft involved property of over $100,000 in value, rendering him ineligible for probation. As part of the plea agreement, it was agreed that should the amount of restitution be determined to be less than $100,000, he would be entitled to withdraw his admission to that enhancement and to the probation ineligibility condition.
After a hearing, victim restitution was set at $111,640.09, plus a 10 percent administrative fee. Defendant now contends the restitution amount should be reduced by $21,020, and accordingly, he also should be permitted to withdraw his enhancement admission and agreement regarding the probation ineligibility condition.[1] We shall affirm.
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