What is the test for making a joint and several liability restitution order in a sexual assault case?

California, United States of America


The following excerpt is from People v. Carranco, H032412 (Cal. App. 2013):

12. Section 1202.4, subdivision (f), states in relevant part, "[I]n every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order . . . ." This provision neither authorizes nor prohibits joint and several liability restitution orders. (People v. Madrana (1997) 55 Cal.App.4th 1044, 1051.)

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