California, United States of America
The following excerpt is from People v. Gurrola, E059181 (Cal. App. 2014):
1. On the plea bargain form, defendant had initialed a provision, as one of the consequences of the plea, that, "I will be ordered to pay restitution to the victim(s) if the victim(s) suffered economic harm. I agree that the amount of victim restitution is ___ [left blank]. If the parties do not agree, the probation department will determine the amount. If I disagree with the amount, I must promptly request a hearing." Defendant also initialed a provision that stated: "I agree that I will be ordered to pay restitution to the victim(s) of the dismissed charges and/or enhancements if the victim(s) suffered economic harm." Defendant agreed to a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754), so that restitution pertaining to dismissed counts could be imposed.
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