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

California, United States of America


The following excerpt is from In re D.C. v. D.C., A130180 (Cal. App. 2011):

In sum, we conclude that the repair estimates submitted by the victim provided substantial evidence of economic loss. (See People v. Garcia (2010) 185 Cal.App.4th 1203, 1217 [billing summary of therapy charges showing the specific amount billed for each therapy session constituted substantial evidence of the amount of loss sustained by

Page 6

the victim].) Thus, the restitution order entered by the trial was not an abuse of discretion. (People v. Keichler (2005) 129 Cal.App.4th 1039, 1045 [no abuse of discretion where there is a "factual and rational basis for the amount of restitution ordered by the trial court"].)2

The juvenile court's order of restitution is affirmed.

Jenkins, J.

We concur:

McGuiness, P. J.

Siggins, J.

Notes:

1. Further references are to the Penal Code unless otherwise specified.

Other Questions


What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.