What is the range of restitution available to a defendant who has been denied probation and sentenced to prison?

When probation is denied and a prison term is imposed, restitution is generally limited to the economic losses "caused by the criminal conduct for which the defendant sustained the conviction."⁷ (People v. Woods (2008) 161 Cal.App.4th 1045, 1050; cf. People v. Carbajal (1995) 10 Cal.4th 1114, 1121-1122.) In determining whether a victim's loss was the "result of the defendant's conduct" ( 1202.4, subd. (f)), "California courts have adopted the 'substantial factor' test for analyzing proximate cause." (People v. Foalima (2015) 239 Cal.App.4th 1376, 1396.) Under this test, the court may award direct restitution only where the conduct for which the defendant was convicted was a substantial factor in bringing about the victim's loss. (See Foalima, at p. 1396.) A substantial factor is one that is " ' "more than negligible or theoretical." ' " (People v. Holmberg (2011) 195 Cal.App.4th 1310, 1321.)

Page 5