What is the test for denying a defendant's right to challenge the determination of a restitution hearing?
California, United States of America
The following excerpt is from People v. Payne, D059239 (Cal. App. 2012):
The defendant has the right to a restitution hearing "to dispute the determination of the amount of restitution." ( 1202.4, subd. (f)(1).) To provide notice to the defendant, the amount of restitution claimed by the victim may be set forth in the probation report, and the defendant may then request a restitution hearing. (See People v. Cain (2000) 82 Cal.App.4th 81, 86.) At the restitution hearing, the burden is on the People to make a
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