Can a defendant be ordered to pay restitution to his former employer as a condition of probation under section 1203.1 of the Penal Code?

California, United States of America


The following excerpt is from People v. Turner, 2d Crim. No. B191443 (Cal. App. 8/29/2007), 2d Crim. No. B191443 (Cal. App. 2007):

Penal Code section 1203.1 requires the trial court to order for restitution as a condition of probation in appropriate cases. The trial court has broad discretion to impose conditions of probation to foster rehabilitation and to protect public safety. (People v. Carbajal (1995) 10 Cal.4th 1114, 1120.) The question here is whether the trial court may impose restitution based on a charge of which the defendant was acquitted.

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