What is the test for establishing a prima facie case for restitution at a victim restitution hearing?
California, United States of America
The following excerpt is from People v. Whicher, H040201 (Cal. App. 2015):
"At a victim restitution hearing, a prima facie case for restitution is made by the People based in part on a victim's testimony on, or other statement of, the amount of his or her economic loss. [Citations.] 'Once [a prima facie case is shown], the burden shifts to the defendant to demonstrate that the amount of the loss is other than that claimed by the victim. [Citations.]' " (People v. Millard (2009) 175 Cal.App.4th 7, 26.)
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