People v. WatersAnnotate this Case
In 2007, defendant was charged with grand theft embezzlement (Pen. Code 487(a)). While working at Bank of America (BofA), she had accessed customer accounts, changed the addresses to the address of Nation, a former BofA employee, sent new ATM cards to Nation’s address, and then updated the customers’ information again to reflect their true addresses. Nation used the ATM cards to withdraw over $20,000. BofA covered the customers’ losses, and filed a victim impact statement, claiming a loss of $20,800. In 2008, defendant pled no contest. In reciting the plea agreement, the prosecutor stated defendant would pay restitution in an amount to be determined. When the court placed defendant on three years of probation, it only ordered her to pay a $200 fine. In 2011, the court terminated probation as successfully completed. In 2013, defendant sought reduction of her felony conviction to a misdemeanor (section 1203.4). The probation department noted victim restitution had not been ordered, even though BofA had requested $20,800. At a 2014 hearing, defense counsel stated defendant would stipulate to restitution of $20,800. The court stated the 1203.4 petition would not be granted unless restitution was paid. Defendant withdrew her stipulation and contested the amount. The court set restitution at $20,800. The court of appeal reversed, finding that the lower court acted in excess of its jurisdiction in ordering restitution after completion of probation.