What is the scope of the Defendant's request for additional evidence and argument at a hearing to determine the appropriate amount of restitution?

California, United States of America


The following excerpt is from People v. Danna, E068406 (Cal. App. 2018):

Defendant asks us to order the trial court to allow her "to present additional evidence and argument if necessary in order to make sure any future restitution order is supported by evidence and law." We decline the invitation. Defendant had ample opportunity to present evidence and argument to the trial court in the three hearings and attendant briefing that already occurred. Subdivision (f)(1) of section 1202.4 does not require more. (See People v. Cain (2000) 82 Cal.App.4th 81, 86 [due process rights at a hearing determining amount of restitution are protected when notice of amount claimed is provided and " ' "the defendant has an opportunity to challenge the figures" ' "].) Should the trial court desire to have further evidence and argument presented, it can. We will not require it unless, and if, the trial court determines doing so is necessary to set forth its methodology for calculating the amount of restitution.5

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