California, United States of America
The following excerpt is from People v. Nicholson, D060667, D061840 (Cal. App. 2013):
"[W]hen a defendant is convicted of a crime involving a victim who 'has suffered economic loss as a result of defendant's conduct' [citation], the court must require the defendant to pay full restitution directly to the victim or victims of the crime 'unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record.' [Citation.] A 'defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution.' " (People v. Giordano (2007) 42 Cal.4th
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644, 651-652.) "The scope of a criminal defendant's due process rights at a hearing to determine the amount of restitution is very limited: ' "A defendant's due process rights are protected when the probation report gives notice of the amount of restitution claimed . . . , and the defendant has an opportunity to challenge the figures in the probation report at the sentencing hearing." ' " (People v. Cain (2000) 82 Cal.App.4th 81, 86.) "We review the trial court's restitution order for abuse of discretion." (People v. Chappelone (2010) 183 Cal.App.4th 1159, 1173.)
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