Can a probation officer order a restitution order for a defendant who has not objected to the restitution order?

California, United States of America


The following excerpt is from People v. Payne, D059239 (Cal. App. 2012):

In Brasure, the victim told the probation officer the amount of her economic losses, and without objection, the court ordered that amount of restitution. (People v. Brasure, supra, 42 Cal.4th at p. 1074.) On appeal, the defendant argued the restitution order was inappropriate because the economic loss "was not shown by documentation or sworn testimony." (Id. at p. 1075.) The Brasure court concluded: "But by his failure to object, defendant forfeited any claim that the order was merely unwarranted by the evidence, as distinct from unauthorized by statute. [Citation.] As the order for restitution was within the sentencing court's statutory authority, and defendant neither raised an objection to the amount of the order nor request a hearing to determine it (see 1202.4, subd. (f)(1)), we do not decide whether the court abused its discretion in determining the amount." (Ibid.)

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