California, United States of America
The following excerpt is from People v. Foster, F074614 (Cal. App. 2019):
"Restitution hearings are intended to be informal. ' " 'Section 1202.4 does not, by its terms, require any particular kind of proof. However, the trial court is entitled to consider the probation report, and, as prima facie evidence of loss, may accept a property owner's statement made in the probation report about the value of stolen or damaged property.' [Citations.] ' "This is so because a hearing to establish the amount of restitution does not require the formalities of other phases of a criminal prosecution. [Citation.] When the probation report includes information on the amount of the victim's loss and a recommendation as to the amount of restitution, the defendant must come forward with contrary information to challenge that amount." ' [Citation.]" ' [Citation.] This is invariably a dollars and cents dispute. [I]t is up to the defendant ' " 'to demonstrate that the amount of the loss is other than that claimed by the victim,' " ' namely, that the amount claimed is excessive. [Citation.]" (People v. Weatherton (2015) 238 Cal.App.4th 676, 684.)
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