Banning Teachers Association v. Public Employment Relations Board

Defendant and appellant Thomas Ryan appeals from the judgment (order granting probation) of the Superior Court of Marin County entered after he pled guilty to two counts of burglary. (Pen. Code, § 459.) Imposition of sentence was suspended and appellant was placed on probation for three years on several conditions including that he (1) complete a residential drug treatment program, (2) make restitution to the victim in the amount of $8,045, and (3) pay a restitution fine of $8,000. The condition that he pay a restitution fine of $8,000 was stayed with the stay to become permanent upon successful completion of probation. Appellant contends on appeal that the trial court "erred and abused its discretion. .. in ordering appellant to pay restitution to the victim in the absence of any evidence or determination of his income or ability to pay." Appellant is precluded from raising such an issue for the following reasons: (1) it was his counsel who stated that appellant was ready to make full restitution to the victim in the amount of which he was responsible; (2) counsel for appellant disputed some of the sums (approximately $555 out of the restitution claim for $8,075) that were considered to be attributable to the burglaries and stated that a restitution hearing would be necessary only in regards to a determination of whether he should be required to make restitution for the disputed