What is the effect of a summary imposition of a victim restitution order in a sexual assault case?

California, United States of America


The following excerpt is from People v. Gonzales, E044225 (Cal. App. 4/28/2008), E044225 (Cal. App. 2008):

Penal Code section 1202.4, subdivision (f) provides, in pertinent part, that "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. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court." "The defendant has the right to a hearing before a judge to dispute the determination of the amount of restitution." (Pen. Code, 1202.4, subd. (f)(1).) A court's summary imposition of a victim restitution order without affording the defendant a reasonable opportunity to challenge the accuracy and/or validity of that order violates that defendant's constitutional right to due process. (People v. Resendez (1993) 12 Cal.App.4th 98, 114 & fn. 11.)

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