California, United States of America
The following excerpt is from People v. Ranger, B254763 (Cal. App. 2015):
Although the trial court is vested with discretion in calculating the victim's economic loss, the "court must demonstrate a rational basis for its award, and ensure that the record is sufficient to permit meaningful review. The burden is on the party seeking restitution to provide an adequate factual basis for the claim." (People v. Giordano (2007) 42 Cal.4th 644, 664.) "Once the prosecution has made a prima facie showing of the victim's loss, 'the burden shifts to the defendant to demonstrate that the amount of the loss is other than that claimed by the victim.' [Citation.] [] On appeal, we review a
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restitution award for abuse of discretion. [Citations.]" (People v. Jessee (2013) 222 Cal.App.4th 501, 506-507.) A trial court abuses its discretion when the order rests upon a demonstrable error of law or its factual basis is unsupported by substantial evidence. (People v. Millard (2009) 175 Cal.App.4th 7, 26.)
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