People v. Bartell

Opinion

NICHOLSON, J.

We hold that a bank is a direct victim, entitled to victim restitution, when a person forges checks drawn on the bank.

BACKGROUND

With several cases pending against defendant Sheila Renee Bartell, the parties agreed to a plea bargain whereby defendant pleaded guilty to second degree burglary and two counts of possession for sale of methamphetamine in exchange for the dismissal of other charges with a

Harvey

waiver. (See

People v. Harvey

(1979) 25 Cal.3d 754 [159 Cal.Rptr. 696, 602 P.2d 396]

(Harvey).)

The People also agreed not to file charges arising from three cases still under investigation, and the parties agreed defendant could be ordered to reimburse the victims in those cases. In one of those cases, Rita E. reported her checkbook had been stolen and she later reported three forged checks had cleared. The cleared checks were for $150, $140 and $300, for a total of $590. Those forgeries were linked to defendant and Victoria Gonzalez.

The probation report stated that Wells Fargo Bank “covered the cost” of these three forged checks, and recommended restitution to Wells Fargo Bank in the amount of $590, plus an administrative surcharge. The trial court granted probation, and among other terms stated: “In the

Harvey

waivered case of 05-1844, she’s ordered to pay victim restitution in the amount of

[1261]

$590, plus a $50 surcharge . . . and less any amounts paid by the co-defendant, Victoria Gonzales,” “with the victim being Wells Fargo Bank.” Defendant did not object to this probation term.

Defendant admitted violating probation in exchange for a three-year term for all cases. At sentencing, the trial court ordered direct restitution to Wells Fargo Bank for $590. Again, defendant did not object.