What is the scope of a defendant's due process rights at a hearing to determine the amount of restitution?
California, United States of America
The following excerpt is from People v. Rogers, G052346 (Cal. App. 2016):
"The scope of a criminal defendant's due process rights at a hearing to determine the amount of restitution is very limited[.]" (People v. Cain (2000) 82
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Cal.App.4th 81, 86.) There is no Sixth Amendment right to confrontation in the sentencing process, and the court can consider hearsay, including the probation report. (People v. Arbuckle (1978) 22 Cal.3d 749.)
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