Is a defendant required to attend a restitution hearing?

California, United States of America


The following excerpt is from People v. Klahn, D068741 (Cal. App. 2017):

As discussed above, a restitution hearing is part of the sentencing proceedings. (Dehle, supra, 166 Cal.App.4th at p. 1386; cf. People v. Cain (2000) 82 Cal.App.4th 81, 87 ["a hearing on an amount of restitution to be made to the victim pursuant to section 273.5 is part and parcel of the sentencing process"].) Thus, under the terms of section 977, a defendant is required to be present at a restitution hearing (as it is part of sentencing), and the statute provides no procedure by which the defendant's presence at the proceeding may be waived.

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