What is the standard of review for a restitution order?

California, United States of America


The following excerpt is from People v. Wilson, A139585 (Cal. App. 2015):

The standard of review for a restitution order is abuse of discretion. " ' " '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.' " ' " (People v. Millard (2009) 175 Cal.App.4th 7, 26.) An appeal based on an alleged abuse of discretion succeeds only if considering all the evidence, " 'viewed most favorably in support of the trial court's action, no judge could reasonably' " reach the same conclusion. (Smith v. Smith (1969) 1 Cal.App.3d 952, 958.)

b. The record reflects that defendant received a copy of the probation report.

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