What is the test for admissibility of a report in a hearing to establish the appropriate amount of restitution?

California, United States of America


The following excerpt is from People v. Belisle, C085481 (Cal. App. 2018):

We also note that, in terms of admissibility of the report in general, " ' " '[s]entencing judges are given virtually unlimited discretion as to the kind of information they can consider and the source from whence it comes.' [Citation.]" . . . 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.]' [Citations.]" (People v. Hove (1999) 76 Cal.App.4th 1266, 1275.) Thus, the court was free to consider the report notwithstanding any hearsay.

Other Questions


What is the evidentiary threshold for establishing a right to restitution at a victim restitution hearing? (California, United States of America)
What is the test for reducing the amount of restitution at a personal injury restitution hearing? (California, United States of America)
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)
What is the test for determining the amount of restitution a defendant must receive at a restitution hearing? (California, United States of America)
What is the test for establishing a prima facie case for restitution at a victim restitution hearing? (California, United States of America)
If a court imposes a restitution fine under Penal Code section 1202.4, must the restitution fine be the same amount as the parole revocation fine? (California, United States of America)
What is the scope of a criminal defendant's due process rights at a hearing to determine the amount of restitution? (California, United States of America)
Is a defendant's admission of an enhancing allegation valid even if it does not include a specific admission of every factual element required to establish the enhancement? (California, United States of America)
When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)
What is the test for determining whether a defendant can request a hearing on the amount of restitution? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.