What is the test for an abuse of discretion restitution order?

California, United States of America


The following excerpt is from People v. Pecora, 2d Crim. No. B251974 (Cal. App. 2015):

We review the trial court's restitution order for abuse of discretion and will affirm it if there is a factual and rational basis for the amount of restitution ordered. (People v. Sy (2014) 223 Cal.App.4th 44, 63.) In determining whether there is a factual and rational basis for the amount of restitution ordered, we do not reweigh or reinterpret the evidence. " '[T]he court's discretion in setting the amount of restitution is broad, and it may use any rational method of fixing the amount of restitution as long as it is reasonably calculated to make the victim whole. [Citations.]' [Citations.] 'There is no requirement the restitution order be limited to the exact amount of the loss in which the defendant is actually found culpable, nor is there any requirement the order reflect the amount of damages that might be recoverable in a

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