What is the test for a defendant to argue that a restitution order made by a trial court to determine the amount of restitution is fundamentally unfair?

California, United States of America


The following excerpt is from People v. Boone, H043638 (Cal. App. 2017):

A "trial court violates the defendant's due process rights at a hearing to determine the amount of [victim] restitution if the hearing procedures are fundamentally unfair." (People v. Cain (2000) 82 Cal.App.4th 81, 87 (Cain).) When the defendant has a full and fair opportunity to present evidence challenging the victim's restitution claim, as was the case here, there is no due process violation. (Id. at pp. 87-88.) Defendant's contention that the restitution order violated his constitutional rights is meritless.

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