What is the standard of review for a restitution order?

California, United States of America


The following excerpt is from People v. Lopez, D068685 (Cal. App. 2015):

that claimed by the victim. [Citations.]' " (People v. Millard (2009) 175 Cal.App.4th 7, 26.) " 'The standard of review of a restitution order is abuse of discretion. "A victim's restitution right is to be broadly and liberally construed." [Citation.] " 'When there is a factual and rational basis for the amount of restitution ordered by the trial court, no abuse of discretion will be found by the reviewing court.' " [Citations.]' [Citation.] However, a restitution order 'resting upon a " 'demonstrable error of law' " constitutes an abuse of the court's discretion.' " (Ibid.)

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