P. v. DiMaio
Defendant James Vincent DiMaio was charged in a 16-count amended felony complaint with seven counts of grand theft (Pen. Code,[1] § 487, subd. (a)), five counts of diversion of construction funds (§ 484b; misdemeanors), and four counts of issuing an insufficient funds check (§ 476a, subd. (a)). He pled guilty to all the charges. The court placed him on five years of formal probation, ordered him to serve one year in the county jail, imposed a $200 restitution fine, and ordered him to pay restitution on a number of the counts in an amount directed by the probation department.[2] In connection with the grand theft and diversion of construction funds alleged in counts 15 and 16, respectively, the court conducted a restitution hearing. At the conclusion of the hearing, the court ordered defendant to reimburse Reyburn Landscaping $169,750. Defendant appeals, contending the court abused its discretion in making the restitution order.
Comments on P. v. DiMaio