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Name: People v. Collins
Case #: B160373
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 08/26/2003
Subsequent History: None

Appellant appealed from a direct victim restitution order for $4500 entered following his plea of no contest to receiving stolen property, contending that the trial court abused its discretion in ordering the restitution where it was not part of the plea agreement and appellant was not informed it would be a consequence of his plea. In a related habeas petition, he contended his trial counsel was ineffective for failing to object to the restitution order. The appellate court affirmed. The error was not waived for the failure to object. Since the issue was not waived, counsel was not ineffective. However, appellant suffered no prejudice by an insignificant deviation from the plea bargain. He was advised he could be assessed as much as $10,000 for a restitution fine, and the amount of restitution was supported by substantial evidence.