P. v. Sanchez
Defendant and appellant Abraham Saucedo Sanchez pleaded guilty to one count of corporal injury to a spouse or cohabitant, and the remaining three counts for the same charge were dismissed. The trial court ordered Sanchez to pay restitution related to the dismissed charges. The prosecutor, however, did not obtain a waiver under People v. Harvey (1979) 25 Cal.3d 754, 758 (a “Harvey waiverâ€), which held that when charges are dismissed against a defendant, there should not be any punishment for them. Because the defendant did not agree to waive his rights under Harvey, the trial court erred by ordering him to make restitution on the dismissed charges. We therefore modify the judgment to strike those restitution amounts improperly imposed and affirm the judgment as modified.
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