How does the court review a restitution order for abuse of discretion?
California, United States of America
The following excerpt is from People v. J.K. (In re J.K.), A147328 (Cal. App. 2016):
We review a restitution order for abuse of discretion. (People v. Giordano (2007) 42 Cal.4th 644, 663.) "To facilitate appellate review of the trial court's restitution order, the trial court must take care to make a record of the restitution hearing, analyze the evidence presented, and make a clear statement of the calculation method used and how that method justifies the amount ordered." (Id. at p. 664.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (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)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
If a court finds that a fiduciary officer breached his duty, how does the court review its order for abuse of discretion? (California, United States of America)
Is a claim that a court abused its discretion in awarding restitution because the lower court applied an incorrect legal standard tantamount to a de novo review? (California, United States of America)
When reviewing an appeal of a sentence for abuse of abuse of power, how will the appellate court review the sentence? (California, United States of America)
How does a court review an order granting or denying a modification of a child support order for abuse of the child? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)
Is a court's order denying a request for juror identifying information reviewed for abuse of discretion? (California, United States of America)
Does the Attorney General's assertion that appellate courts review probation conditions for abuse of abuse of power, if the issue was raised in the trial court? (California, United States of America)
