The opinion of the court was delivered by: Raye , P. J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Troy Bryan Labani pleaded no contest to grand theft and admitted the theft involved property of over $100,000 in value, rendering him ineligible for probation. As part of the plea agreement, it was agreed that should the amount of restitution be determined to be less than $100,000, he would be entitled to withdraw his admission to that enhancement and to the probation ineligibility condition.
After a hearing, victim restitution was set at $111,640.09, plus a 10 percent administrative fee. Defendant now contends the restitution amount should be reduced by $21,020, and accordingly, he also should be permitted to withdraw his enhancement admission and agreement regarding the probation ineligibility condition.*fn1 We shall affirm.
FACTUAL AND PROCEDURAL BACKGROUND
We limit our recitation of the facts to those necessary for resolution of the issues on appeal.
Defendant's personal business, O'Malley's Property Management, was hired by Saybrook Capital (Saybrook) in February 2005 to manage the Stoneridge Apartments in Tulsa, Oklahoma. Saybrook had an operating account for the complex with Union Bank.
In 2007 defendant stopped providing Saybrook with bank statements, and Saybrook's vice president, David Rodriguez, noticed first small, then large, transfers of money from the operating account into another account that had no connection to the Tulsa apartment complex. Approximately $173,000 was unaccounted for. After defendant failed to repay the money as promised, Rodriguez filed a theft report.
Defendant was charged with grand theft (Pen. Code, § 487, subd. (a))*fn2 and embezzlement of over $400 (§ 503). It was further alleged as to both offenses that the value of the property exceeded $100,000 (§ 1203.045, subd. (a)) and defendant caused property damage in excess of $50,000 (§ 12022.6, subd. (a)), and that the offenses constituted white collar crime consisting of a pattern of related felony conduct that involved the taking of more than $100,000 (§ 186.11).
On February 10, 2009, defendant entered into a plea agreement wherein he pleaded no contest to grand theft and admitted the allegations that he caused property damage in excess of $50,000 and the value of the property exceeded $100,000 -- the latter of which rendered him ineligible for probation. As part of the plea agreement, it was agreed that defendant would be permitted to withdraw his plea to the enhancement and probation ineligibility allegation if the amount of restitution was subsequently determined to be less than $100,000.
A protracted restitution hearing was held on December 4, 2009, March 5, 2010, and March 8, 2010. Rodriguez testified and provided documentation at the restitution hearing. He holds a credential as a chartered financial analyst and oversaw the records of expenditures made by defendant. Prior to the hearing, he had researched the amounts unaccounted for, including expenses associated with payroll for the apartment complex, construction and maintenance expenses, management fees, and insurance payments, and attempted to reconstruct the ...