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Name: People v. Snow
Case #: C066330
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2012

A Harvey waiver is not required when a trial court imposes restitution as a condition of probation for a prior uncharged domestic violence incident that was not included in the plea agreement. Appellant pled no contest to false imprisonment pursuant to a plea agreement and in exchange a number of domestic violence charges and allegations were dismissed. There was a Harvey waiver for restitution purposes on the dismissed counts. Appellant was placed on formal probation and the trial court ordered him to pay restitution as a condition of probation. The order included restitution for an injury to the victim that occurred during a prior uncharged domestic violence incident outside the court’s jurisdiction. Restitution for this uncharged incident was not barred by the Harvey rule. A Harvey waiver is not required where the plea agreement does not expressly or impliedly include uncharged incidents. Here, the uncharged incident was not part of appellant’s plea bargain. The restitution order was upheld as a valid condition of probation because appellant’s prior violence against the victim was a circumstance that was directly related to his false imprisonment of the victim as it contributed to the element of menace and vitiated the victim’s consent. The restitution also serves the goal of deterring future assaultive behavior against the victim.