What are the consequences of a defendant's failure to enter a waiver pursuant to People v. Harvey?

California, United States of America


The following excerpt is from People v. Perez, C077137 (Cal. App. 2015):

Defendant appeals, contending the trial court erred in imposing victim restitution on the dismissed counts since he did not enter a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The People concede the issue except as to count eleven, for which the People claim a Harvey waiver was not required because the offense is transactionally related to the offense charged in count ten.

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