California, United States of America
The following excerpt is from People v. Garcia-Cornejo, C068104 (Cal. App. 2012):
The parties agree that the proper remedy is for us to strike the restitution order and remand for a proper restitution hearing. We agree. (See People v. Thygesen (1999) 69 Cal.App.4th 988, 995-996.) Moreover, inasmuch as this matter is being remanded for a restitution hearing, defendant may also raise at that hearing his argument that, given the crimes of which he was convicted, he may not legally be held responsible for restitution for the injuries suffered by the sedan's occupants. (See People v. Jones (2010) 187 Cal.App.4th 418, 425-426 (civil tort law principles of causation should be applied in awarding restitution under California criminal law statutes); see also People v. Woods, supra, 161 Cal.App.4th at pp. 1049-1050, 1052.)
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