What are the rights of a criminal defendant at a hearing to determine the amount of restitution ordered by the Court?

California, United States of America


The following excerpt is from People v. Barrie, F067893 (Cal. App. 2015):

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.'" [Citations.]" (People v. Cain (2000) 82 Cal.App.4th 81, 86.) Further, '"complaints about the manner in which the trial court exercises its sentencing discretion and articulates its supporting reasons cannot be raised for the first time on appeal.' [Citation.] This [forfeiture] applies to restitution orders. [Citations.]" (People v. Bradley (2012) 208 Cal.App.4th 64, 90.)

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