Can a defendant challenge the amount of restitution ordered by a judge in a personal injury case where the recipient's injuries were caused by suicide?

California, United States of America


The following excerpt is from People v. Sherry, H041802 (Cal. App. 2015):

subject to challenge by defendant regardless of who the recipient was. Defendant did not object in the trial court to the amount of restitution ordered. His sole objection was that restitution for these expenses was improper because the victim's injuries resulted from a suicidal act. Defendant has waived a claim of error as to the amount of restitution by failing to object on that ground in the trial court. [Citation.]" (Ibid.; see also People v. Gonzalez (2003) 31 Cal.4th 745, 755 [defendants objected in the trial court that they should not pay restitution for items taken from the victim's house when they were not convicted of stealing those items, and therefore "on appeal they may challenge their sentences on that ground"].)

Other Questions


Can a probation officer order a restitution order for a defendant who has not objected to the restitution order? (California, United States of America)
What is the test for determining the amount of restitution ordered by a judge in a personal injury case? (California, United States of America)
Is a defendant required to have obtained a certificate of probable cause to challenge a restitution order? (California, United States of America)
Does Defendant have to produce a certificate of probable cause to challenge a restitution order? (California, United States of America)
In a personal injury action, can a defendant rely on a statement in its minute order to the effect that there had been a failure of proof of the amount of damages? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What is the test for reducing the amount of restitution at a personal injury restitution hearing? (California, United States of America)
What is the test for a defendant to argue that a restitution order made by a trial court to determine the amount of restitution is fundamentally unfair? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
What is the standard practice for a defendant to file a petition for personal injury counsel in a personal injury case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.