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PEOPLE v. RICHARDS

Docket No. Crim. 17985.

17 Cal.3d 614 (1976)

552 P.2d 97

131 Cal. Rptr. 537

THE PEOPLE, Plaintiff and Respondent, v. WESLEY CISIO RICHARDS, Defendant and Appellant.

Supreme Court of California.

July 30, 1976.

Attorney(s) appearing for the Case

COUNSEL

Anthony P. David, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Robert R. Granucci and David Schneller, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

(1a) We hold here that absent extraordinary circumstances probation for a defendant may not be conditioned on restitution of sums involved in a purported crime of which he was acquitted.

Defendant was charged with two counts of grand theft (Pen. Code, § 484) arising out of the sale of mining claims and quitclaim deeds. The People presented evidence...

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