What is the test for an award for abuse of discretion?
California, United States of America
The following excerpt is from People v. Sanchez, H040624 (Cal. App. 2015):
We review a victim restitution award for abuse of discretion. (People v. Holmberg (2011) 195 Cal.App.4th 1310, 1320.) " ' "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." ' " (Ibid.) But "[i]f there is no substantial evidence to support
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the award, and assuming no other rational explanation, the trial court will have obviously abused its discretion." (People v. Thygesen (1999) 69 Cal.App.4th 988, 993 (Thygesen).)
2. Factual Background and Contentions on Appeal
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