What is the test for abuse of discretion in a victim restitution order?
California, United States of America
The following excerpt is from People v. Gutierrez, B293795 (Cal. App. 2019):
We review victim restitution orders for abuse of discretion, mindful that an order resting on a demonstrable legal error constitutes such an abuse. (People v. Hume (2011) 196 Cal.App.4th 990, 995.)
1.2. Payments made by a victim's medical insurer do not offset restitution owed to the victim.
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