California, United States of America
The following excerpt is from People v. Smith, C080394 (Cal. App. 2016):
The standard of proof at a restitution hearing is preponderance of the evidence. (See People v. Gemelli (2008) 161 Cal.App.4th 1539, 1542.) The trial court may accept, as prima facie evidence of loss, a property owner's statement about the value of damaged property. (Id. at p. 1543.) "Once the victim makes a prima facie showing of economic losses incurred as a result of the defendant's criminal acts, the burden shifts to the defendant to disprove the amount of losses claimed by the victim." (Ibid.)
"In reviewing the sufficiency of the evidence, the ' "power of the appellate court begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted," to support the trial court's findings.' [Citation.] . . . 'If the circumstances reasonably justify the [trial court's] findings,' the judgment may not be overturned when the circumstances might also reasonably support a contrary finding. [Citation.] We do not reweigh or reinterpret the evidence; rather, we determine whether there is sufficient evidence to support the inference drawn by the trier of fact. [Citation.]" (People v. Baker (2005) 126 Cal.App.4th 463, 468-469.)
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