Is a defendant entitled to a hearing to contest the amount of damages awarded to a victim for economic losses incurred as a result of the crime?

California, United States of America


The following excerpt is from People v. Ilsung, C058778 (Cal. App. 12/31/2009), C058778. (Cal. App. 2009):

Penal Code section 1202.4, subdivision (f) authorizes restitution directly to a victim for economic losses incurred as a result of the crime. However, "[t]he defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution." ( 1202.4, subd. (f)(1).) "Due process is satisfied if [defendant] is given notice of the amount sought and a hearing to contest that amount." (People v. Thygesen (1999) 69 Cal.App.4th 988, 993.)

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