What is the test for determining whether a defendant must make restitution to a victim at a restitution hearing?

In every case in which defendant's conduct results in economic loss by the victim, the court "shall require that the defendant make restitution to the victim" based on the amount of loss claimed by the victim. (Pen. Code,¹ 1202.4, subd. (f); see also Cal. Const., art. I, 28, subd. (b)(13)(B).) This mandate that a victim is entitled to restitution based on the amount of loss the victim claims is at the core of the restitution statutory scheme. (People v. Fulton (2003) 109 Cal.App.4th 876, 885-886.) The victim initiates the process by identifying the type of loss sustained and its monetary value. Once the victim makes a prima facie showing, the burden shifts to the defendant to disprove the amount of losses claimed by the victim. (Id. at p. 886.) " '[T]he standard of proof at a restitution hearing is by a preponderance of the evidence, not proof beyond a reasonable doubt.' " (People v. Keichler (2005) 129 Cal.App.4th 1039, 1045.)

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