California, United States of America
The following excerpt is from People v. Bermudez, A135693 (Cal. App. 2013):
With these facts and procedural history in mind, we turn to the law governing restitution. Our starting point is the applicable standard of review. A trial court's restitution order is reviewed for abuse of discretion. (People v. Giordano (2007) 42 Cal.4th 644, 663.) The trial court's discretion in calculating restitution is broad, but the method it employs must be rationally designed to determine the victim's economic loss. (Id. at pp. 663-664.) "No abuse of that discretion occurs as long as the determination of economic loss is reasonable, producing a nonarbitrary result." (Id. at p. 665.)
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Restitution is mandatory. "[I]in every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order, based on the amount of loss claimed by the victim or victims or any other showing to the court. . . . The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so and states them on the record." ( 1202.4, subd. (f).) While the victim's right to restitution is to be broadly and liberally construed (People v. Phu (2009) 179 Cal.App.4th 280, 283), restitution should not result in a windfall (People v. Busser (2010) 186 Cal.App.4th 1503, 1510).
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