Can a defendant be found liable on appeal for failing to make restitution payments to a victim during her probation period?

California, United States of America


The following excerpt is from People v. Granger, E069355 (Cal. App. 2019):

individuals entitled to recover restitution on its behalf. Accordingly, this factual determination cannot be resolved in the first instance on appeal. (See, e.g., Redevelopment Agency v. Superior Court (1991) 228 Cal.App.3d 1487, 1498, fn. 6 [declining to resolve factual dispute on appeal and holding that the trial court is far better suited to do so].) The record contains no documentation of any restitution payments made between December 2014 and June 2015. Relief is mandatory in this case only if the defendant "has fulfilled the conditions of probation for the entire period of probation." ( 1203.4, subd. (a)(1).) Defendant did not fulfill her victim restitution obligation for the entire period of probation.

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