# People v. Lent

> California Supreme Court · October 30, 1975 · 15 Cal. 3d 481

URL: https://www.frixlaw.com/law-library/cases/9543131

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. HOWARD LEONARD LENT, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** October 30, 1975
- **Citations:** 15 Cal. 3d 481; 124 Cal. Rptr. 905; 541 P.2d 545; 1975 Cal. LEXIS 246
- **Precedential status:** Published
- **Opinion:** Concurrence by Clark
- **Judges:** Clark, Mosk
- **Cited by:** 777 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded by statute, as recognized in People v. Moran.
- Negative treatments: 4
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9543131

## Opinion text

*488 CLARK, J.
I concur in the judgment, but would qualify the statement that acquittal of the theft of the $1,278 “[o]rdinarily . . . would preclude inclusion of that item in the restitution order.” (Ante, p. 487.) I assume arguendo that the acquittal here would have precluded ordering restitution of the sum involved in that count, but for the fact that “additional circumstances were developed in the unusually prolonged probation hearing.” (Id.) However, when the' preponderance of the evidence produced at the trial itself supports such an order, additional evidence need not be presented at the probation hearing.
Appellant’s petition for a rehearing was denied December 17, 1975. Wright, C. J., and Sullivan, J., were of the opinion that the petition should be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9543131. Public record. Not legal advice.