California, United States of America
The following excerpt is from In re: People v. Trevor W., 106 Cal.Rptr.2d 169 (Cal. App. 2001):
Finally, in People v. Foster (1993) 14 Cal.App.4th 939, the court held that, where the probation report informed the defendant of the recommended amount of restitution, his failure to object waived any error. (Id., at p. 944.) The court explained: "When the probation report includes information on the amount of the victim's loss and a recommendation as to the amount of restitution, the defendant must come forward with contrary information to challenge that amount." (Id., at p. 947.) The court further rejected the defendant's contention that the court could not rely on the victim's uncorroborated statement in the probation report in determining the amount of her loss, stating: "'"[S]entencing judges are given virtually unlimited discretion as to the kind of information they can consider and the source from whence it comes." [Citation.]'" (Ibid.)
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