What is the test for an order of restitution as a condition of probation in a sexual assault case?

"The requirements of due process are satisfied by providing the defendant a hearing on ability to pay as well as the extent of the loss occasioned by the defendant's criminal conduct. An order of restitution as a condition of probation is not an abuse of discretion as long as the defendant is given an opportunity to present evidence rebutting her civil liability at the sentencing hearing. [Citation.] [Citation.]" (People v. Baumann (1985) 176 Cal.App.3d 67, 79-80.)

"Because a 'negotiated plea agreement is a form of contract, it is interpreted according to general contract principles. [Citations.] Acceptance of the agreement binds the court and the parties to the agreement. [Citations.] '"When a guilty [or nolo contendere] plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement."' [Citations.]" (People v. Segura (2008) 44 Cal.4th 921, 930.) "Implicit in the plea agreement, which is in the nature of a contract, is the understanding that the trial court cannot use the facts of a dismissed charge to impose 'adverse sentencing consequences' unless the defendant consents or a transactional relationship exists between the admitted charge and the dismissed charge. (People v. Harvey[, supra,] 25 Cal.3d [at p.] 758.)" (People v. Martin (2010) 51 Cal.4th 75, 77.)