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PEOPLE v. DALVITO

Docket No. E018912.

56 Cal.App.4th 557 (1997)

THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE F. DALVITO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

July 16, 1997.

Attorney(s) appearing for the Case

COUNSEL

Diane Nichols, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHLI, J.

Defendant contends on appeal that: (1) The court erred in awarding $15,950 in restitution to the victim for a stolen diamond necklace, because the victim's loss (the amount he owed on the necklace) had been discharged in bankruptcy. Therefore, there was no loss, and the restitution award must be reduced by $15,950 in accordance with Penal Code section 1202.4;1 and (2) even if section...

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