Does section 1202.4 of the California Criminal Code require a defendant to pay full restitution to his victim?

California, United States of America


The following excerpt is from People v. Hernandez, E056189 (Cal. App. 2013):

Furthermore, section 1202.4 does not fix a maximum amount of victim restitution. "[T]here is no limit for a victim restitution order. The statutory command is that 'full restitution' is to be ordered for a victim in 'a dollar amount that is sufficient to fully reimburse the victim, or victims, for all determined economic losses incurred as the result of the defendant's criminal conduct.' [Citations.]" (Harvest, supra, 84 Cal.App.4th at p. 647.) "[B]ecause that statute requires the court to award the victim full restitution, the court's determination of that amount in a restitution hearing by a preponderance of the evidence does not involve a defendant's Sixth Amendment right to a jury or proof beyond a reasonable doubt." (People v. Millard (2009) 175 Cal.App.4th 7, 36.)

We conclude that defendant's Sixth Amendment jury trial right was not violated by the trial court's victim restitution order.

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