What are the terms and conditions set by the trial court for restitution in a sexual assault case?

California, United States of America


The following excerpt is from People v. Whisenand, 37 Cal.App.4th 1383, 44 Cal.Rptr.2d 501 (Cal. App. 1995):

The terms and conditions set by the trial court for victim restitution will not be overturned unless the trial court abused its discretion. "Restitution as a condition of probation is favored by public policy both as a means of doing justice to the victim [citation], and for rehabilitation of the offender [citations]. An order for restitution, i.e., attempting to make a victim whole, has generally been deemed a deterrent to future criminality. [Citation.] When ordering restitution, the court is not limited to the transaction or amounts of which the defendant is actually convicted. [Citations.] Where there is a factual and rational basis for the amount of restitution set, no abuse of discretion will be found by the reviewing court." (People v. Walmsley (1985) 168 Cal.App.3d 636, 639, 214 Cal.Rptr. 170.) We find no abuse by the trial court of its discretion in ordering interest to be paid on the embezzled amounts.

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